Agenda packet — Kerman City Council, February 22, 2023

CITY COUNCIL REGULAR MEETING AGENDA
Wednesday, February 22, 2023 at 6:00 PM
Kerman City Hall, 850 S. Madera Avenue, Kerman, CA 93630

1. OPENING CEREMONIES
A. Welcome - Mayor
B. Call to Order
C. Roll Call
D. Invocation
At this time the Council wishes to provide anyone an opportunity to give a brief invocation or inspirational thought. In accordance with law, we would request this opportunity not be used to recruit converts, to advance anyone, or to disparage any other faith or belief. If no one steps forward, we will observe a moment of silence so that we may all focus our thoughts on how best to serve our community.

E. Pledge of Allegiance

2. AGENDA APPROVAL / ADDITIONS / DELETIONS
To accommodate members of the public or convenience in the order of presentation, items on the agenda may not be presented or acted upon in the order listed.

3. PRESENTATIONS / CEREMONIAL MATTERS - None

4. REQUEST TO ADDRESS COUNCIL
This portion of the meeting is reserved for members of the public to address the Council on items of interest that are not on the Agenda and are within the subject matter jurisdiction of the Council.

Speakers shall be limited to three minutes. It is requested that no comments be made during this period on items on the Agenda. Members of the public wishing to address the Council on items on the Agenda should notify the Mayor when that Agenda item is called, and the Mayor will recognize your discussion at that time. It should be noted that the Council is prohibited by law from taking any action on matters discussed that are not on the Agenda. Speakers are asked to please use the microphone, and provide their name and address.
1 5. CONSENT CALENDAR
Matters listed under the Consent Calendar are considered routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If discussion is desired, a member of the audience or a Council Member may request an item be removed from the Consent Calendar and it will be considered separately.

A. SUBJECT: Minutes February 8, 2023
RECOMMENDATION: Council approve minutes as presented.

B. SUBJECT: Payroll
01/02/23 - 01/21/23: $168,967.57; Retro Pay & Other: $1,136.90; Overtime: $9,209.24; Holiday at 1/2 Time: $915.66; Standby: $1,496.28; Comp Time Earned: 55.50 RECOMMENDATION: Council approve payroll as presented.

C. SUBJECT: Warrants (JA)

1. Nos. 25992-26116 $371,351.98 ACH $124,599.65
RECOMMENDATION: Council approves warrants and electronic bank transfers as presented. (Pursuant to Government Code 37208)
D. SUBJECT: Monthly Investment Report
RECOMMENDATION: Council accept monthly investment report as presented.

E. SUBJECT: Ordinance Adding Chapter 1.36 To Title 1 of the Kerman Municipal Code Relating to a Master Fee Schedule and Amending Section 5.04.090 Of Chapter 5.04, Section 5.24.040 of Chapter 5.24, Section 5.26.030 of Chapter 5.26, and Section 12.28.050 of Chapter 12.28 Regarding User and Regulatory Fees (JA)
RECOMMENDATION: Council by motion waive full second reading and adopt Ordinance Adding Chapter 1.36 To Title 1 of the Kerman Municipal Code Relating to a Master Fee Schedule and Amending Section 5.04.090 Of Chapter 5.04, Section 5.24.040 of Chapter 5.24, Section 5.26.030 of Chapter 5.26, and Section 12.28.050 of Chapter 12.28 Regarding User and Regulatory Fees.

F. SUBJECT: Approving Agreements with San Joaquin Valley Unified Air Pollution District for the Replacement of five Vehicles with Alternative Fuel Vehicles (Projects G-145425, G-145426, G145427, G-145428 and G-145429) and authorize the City Manager to Execute the Agreements RECOMMENDATION: Council by motion adopt resolution approving the agreements with San Joaquin Valley Air Pollution Control District to purchase five alternative fuel vehicles (Projects G- 145425, G-145426, G-145427, G-145428 and G-145429) and authorize the City Manager to execute the agreements.
2 G. SUBJECT: Rescinding Resolution 20-15 Proclaiming a Local Emergency within the City due to COVID-19 (JAJ)
RECOMMENDATION: Council by motion adopt a resolution rescinding Resolution No. 20-15 terminating the proclamation of a local emergency within the City due to COVID-19.

H. SUBJECT: Amendment and Extension of Professional Services Agreement with Hamner, Jewell & Associates, DBE of Beacon Integrated Professional Resources, Inc., a California S Corporation, for Real Property Acquisition Services (JAJ)
RECOMMENDATION: Council by motion adopt resolution approving Amendment Number 1 to Professional Services Agreement with Hamner, Jewell & Associates, DBE of Beacon Integrated Professional Resources, Inc., A California S Corporation, for real property acquisition services.

6. PUBLIC HEARINGS - None.

7. DEPARTMENT REPORTS
A. SUBJECT: A Request for Public Convenience or Necessity for a Type 20 (Off-Sale Beer and Wine) ABC License for Vikram Vohra and Vinay Vohra (Fast N Easy) Located at 14195 W Whitesbridge Rd. (JRO)
RECOMMENDATION: Council by motion, review and consider adoption of a Resolution Adopting Findings of Public Convenience or Necessity for a Type 20 (Off-Sale Beer & Wine) ABC License for Vikram Vohra and Vinay Vohra (Fast N Easy) Located at 14195 W Whitesbridge Rd. (which is pending consideration of a Conditional Use Permit).

B. SUBJECT: Continued Discussion of Request by Mayor Pacheco for City Council Consideration to Host Fresno City College Associated Student Government and Mock Student Trial with Kerman High School in 2023 (JAJ).

RECOMMENDATION: Council continue discussion of request by Mayor Pacheco to host Fresno City College Associated Student Government and Mock Student Trial with Kerman High School in 2023 and direct staff accordingly.

C. SUBJECT: Consideration of City Council Attendance at California League of Cities, City Leaders Summit (JAJ)
RECOMMENDATION: Staff recommends Council approve attendance of the Mayor and Mayor Pro Tem, or alternatively, any one or two Council Members at the California League of Cities, City Leaders Summit in Sacramento on April 12 through April 14, 2023.

8. CITY MANAGER / STAFF COMMUNICATIONS
A. Downtown Revitalization/Clean CA Grant Update
3 9. MAYOR / COUNCIL REPORTS
This portion of the meeting is reserved for the Mayor and Councilmembers (i) to make brief reports on boards, committees, and other public agencies, and at public events, (ii) to request updates, (iii) to initiate future agenda items at the request of any on Council Member, and (iv) to take action on matters initiated under this section of the agenda. (Under this section the Council may take action only on items specifically agenized and which meet other requirements for action.)

10. CLOSED SESSION – None.

11. ADJOURNMENT
NOTICE OF AVAILABILITY OF AGENDA MATERIALS: Any writings or documents provided to a majority of the City Council within 72 hours of the meeting regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office located at 850 S. Madera Ave., Kerman, CA 93630 and on the City website at www.cityofkerman.net.

ADA Compliance and Reasonable Accommodation. The Council has adopted a Reasonable Accommodation Policy, which is available on the City website at www.cityofkerman.net or upon request by emailing the City Clerk at [email protected] or calling (559) 846-9380. The Policy provides a procedure for receiving and resolving requests for accommodation to participate in this meeting. If you need assistance in order to attend this Council meeting or require auxiliary aids or services, e.g., hearing aids or signing services to make a presentation to the Council, please contact the City Clerk at (559) 846-9380 or email at [email protected] so such aids or services can be arranged. Accommodations should be requested as early as possible as additional time may be required in order to provide the requested accommodation. The meeting room is accessible to persons with physical disabilities.

AGENDA POSTING CERTIFICATION
I, Marci Reyes, City Clerk for the City of Kerman, do hereby declare under penalty of perjury that I caused the above agenda to be posted at City of Kerman Council Chambers at 850 S. Madera Ave., Kerman, CA 93630 and on the City website at www.cityofkerman.net.

Date: February 17, 2023 /s/ Marci Reyes, City Clerk
4 CITY COUNCIL REGULAR MEETING MINUTES
Wednesday, February 08, 2023 at 6:00 PM
Kerman City Hall, 850 S. Madera Avenue, Kerman, CA 93630

1. OPENING CEREMONIES
A. Welcome - Mayor
B. Call to Order - 6:04 p.m.

C. Roll Call - All present.

D. Invocation - City Clerk/Chief of Police
E. Pledge of Allegiance - Performed.

2. AGENDA APPROVAL / ADDITIONS / DELETIONS
Motion made by Council Member Yep, Seconded by Mayor Pro Tem Nijjer. Voting Yea: Mayor Pacheco, Council Member Coleman, Council Member Herrera

3. PRESENTATIONS / CEREMONIAL MATTERS
A. Proclaiming February as Teen Dating Violence Awareness Month (MR) Presented.

B. SUBJECT: Presentation of Government Finance Officers Association: Distinguished Budget Presentation Award (JAJ)
Presented.

4. REQUEST TO ADDRESS COUNCIL
Gilbert Feliz, Assembly Member Soria's Office

5. CONSENT CALENDAR
Motion made by Council Member Yep, Seconded by Mayor Pro Tem Nijjer. Voting Yea: Mayor Pacheco, Council Member Coleman, Council Member Herrera A. SUBJECT: Minutes - January 25, 2023 (MR)
RECOMMENDATION: Council approve minutes as presented.
5 Section 5, Item A.

B. SUBJECT: Payroll
12/25/22 - 1/07/23: $166,701.90; Retro Pay & Other: $2,538.94; Overtime: $8,841.99; Holiday at 1/2 Time: $2,079.75; Standby: $1,933.50; Comp Time Earned: 30.00 RECOMMENDATION: Council approve payroll as presented.

C. SUBJECT: Warrants (JA)

1. Nos. 25947- 25991 $230,284.33 ACH $ 9,918.82
RECOMMENDATION: Council approves warrants and electronic bank transfers as presented. (Pursuant to Government Code 37208)
D. SUBJECT: Monthly Investment Report
RECOMMENDATION: Council accept monthly investment report as presented.

E. SUBJECT: Ratifying Donation to Youth Leadership Institute (MR) RECOMMENDATION: Council by motion adopt resolution ratifying the donation to Youth Leadership Institute in the amount of $500. Res 23-10
F. SUBJECT: Authority to Update Job Descriptions for City Personnel (JAJ) RECOMMENDATION: Council by motion adopt resolution affirming the authority of Human Resources Department staff to make necessary changes to job descriptions as needed subject to approval by the City Manager/Personnel Director and in consultation with represented labor groups as may be required. Res 23-11

6. PUBLIC HEARINGS
A. SUBJECT: User and Regulatory Fee Update (JA)
RECOMMENDATION: Staff recommends the City Council:

1. Waive full reading and introduce Ordinance Adding Chapter 1.36 To Title 1 of the Kerman Municipal Code Relating to a Master Fee Schedule and Amending Section 5.04.090 Of Chapter 5.04, Section 5.24.040 of Chapter 5.24, Section 5.26.030 of Chapter 5.26, and Section 12.28.050 of Chapter 12.28 Regarding User and Regulatory Fees.

2. Approve a resolution adopting a Master Fee Schedule regarding user and regulatory fees effective July 1, 2023.

Opened/Closed PH Motion made by Council Member Yep, Seconded by Mayor Pro Tem Nijjer. Voting Yea: Mayor Pacheco, Council Member Coleman, Council Member Herrera 6 Section 5, Item A.

7. DEPARTMENT REPORTS
A. SUBJECT: Council Agenda and City Council Requests for Future Agenda Items (MR) RECOMMENDATION: Council clarify requests for future items be made by majority vote.

Clarification given by Council on future agenda items to be at the request of any one Council Member.

B. SUBJECT: Request by Mayor Pacheco for City Council consideration to host a meeting of the Fresno City College Associated Student Government in 2023 (JAJ) RECOMMENDATION: Council discuss request by Mayor Pacheco to host a meeting of the Fresno City College Associated Student Government in 2023.

Continued to next agenda to explore options. Motion made by Council Member Yep, Seconded by Council Member Herrera. Voting Yea: Mayor Pacheco, Mayor Pro Tem Nijjer, Council Member Coleman

8. CITY MANAGER / STAFF COMMUNICATIONS

9. MAYOR / COUNCIL REPORTS

10. CLOSED SESSION - None.

11. ADJOURNMENT

MINUTES CERTIFICATION
I, MARCI REYES, City Clerk for the City of Kerman, do hereby declare under penalty of perjury that the above Minutes are a true depiction of all actions taken at the City Council meeting held on the first date above written at Kerman City Hall, 850 S. Madera Ave, Kerman, CA.

Date: February 9, 2023 ____________________
Marci Reyes, City Clerk
7 Section 5, Item A.

CITY OF KERMAN

PAYROLL REPORT

RETRO PAY GROSS COMP TIME
EMPLOYEE SALARY & Other HOURS AMOUNT HOURS AMOUNT HOURS AMOUNT SALARY EARNED

ADMINISTRATION
Alvarez, Josefina $ 3,572.18 $ - - $ - - $ - - $ - $ 3,572.18 - Camacho, Josie $ 2,515.54 $ - - $ - - $ - - $ - $ 2,515.54 3.75 Cheema, Akayla $ 2,356.62 $ - - $ - - $ - - $ - $ 2,356.62 9.75 Gonzalez, Diana $ 3,553.84 $ - - $ - - $ - - $ - $ 3,553.84 - Jansons, John $ 6,678.60 $ - - $ - - $ - - $ - $ 6,678.60 - Linares, Vanessa $ 1,566.15 $ - - $ - - $ - - $ - $ 1,566.15 - Lopez, Jacqueline $ 2,221.08 $ - - $ - - $ - - $ - $ 2,221.08 - Mendoza, Gabriela $ 2,019.38 $ - - $ - - $ - - $ - $ 2,019.38 12.00 Reyes, Marcia $ 3,669.51 $ - - $ - - $ - - $ - $ 3,669.51 - Sandoval, Veronica $ 1,494.15 $ - - $ - - $ - - $ - $ 1,494.15 - TOTAL $ 29,647.06 $ - - $ - - $ - - $ - $ 29,647.06 25.50

REC/SOCIAL
Acosta-Parra, Melany $ 93.00 $ - - $ - - $ - - $ - $ 93.00 - Brar, Manreet $ 93.00 $ - - $ - - $ - - $ - $ 93.00 -
Burdine-Slaven, Jeanna $ 2,248.62 $ - - $ - - $ - - $ - $ 2,248.62 - Crow, Shannon $ 1,678.15 $ - - $ - - $ - - $ - $ 1,678.15 - Escamilla, Paloma $ 58.13 $ - - $ - - $ - - $ - $ 58.13 - Flores, Haley $ 1,678.15 $ - - $ - - $ - - $ - $ 1,678.15 - Garcia, Anthony $ 1,439.08 $ - - $ - - $ - - $ - $ 1,439.08 - Hurlbert, Ronald $ 465.00 $ - - $ - - $ - - $ - $ 465.00 - Jauriqui, Jose $ 594.00 $ - - $ - - $ - - $ - $ 594.00 - Johnson, Theresa $ 3,186.62 $ - - $ - - $ - - $ - $ 3,186.62 - Martinez, Aylah $ 534.75 $ - - $ - - $ - - $ - $ 534.75 - Martinez, Jeness $ 267.38 $ - - $ - - $ - - $ - $ 267.38 - Martinez Lopez, Jose $ 480.50 $ - - $ - - $ - - $ - $ 480.50 - Negrete, Dean $ 1,586.31 $ - 2.00 $ 59.49 - $ - - $ - $ 1,645.79 - Pena, Alexis $ 31.00 $ - - $ - - $ - - $ - $ 31.00 -
Pena, Mercedes $ 263.50 $ - - $ - - $ - - $ - $ 263.50 - Ruiz, Rosalba $ 643.50 $ - - $ - - $ - - $ - $ 643.50 - Salvador, Mark $ 2,922.72 $ - - $ - - $ - - $ - $ 2,922.72 - Sidhu, Nirmal $ 2,054.77 $ - - $ - - $ - - $ - $ 2,054.77 - Silva, Jessica $ 271.25 $ - - $ - - $ - - $ - $ 271.25 - Villarreal, Arlene $ 2,182.15 $ - - $ - - $ - - $ - $ 2,182.15 - TOTAL $ 22,771.56 $ - $ 2.00 $ 59.49 $ - $ - $ - $ - $ 22,831.05 - POLICE
Antuna, Miguel $ 2,714.12 $ - 6.00 $ 290.80 - $ - - $ - $ 3,004.92 - Arciga, Jose $ 2,358.91 $ - - $ - 12.00 $ 166.71 - $ - $ 2,525.62 - Barbosa, Isaias $ 2,839.65 $ - - $ - 12.00 $ 201.05 - $ - $ 3,040.69 - Barcoma, Wilbert $ 4,272.23 $ - - $ - - $ - - $ - $ 4,272.23 - Barra, Brenden $ 2,070.80 $ - 12.00 $ 430.35 - $ - - $ - $ 2,501.15 8.25 Belding, Jeff $ 3,578.45 $ - - $ - - $ - - $ - $ 3,578.45 - Castro, Jaclynn $ 2,031.42 $ - 13.75 $ 483.44 - $ - - $ - $ 2,514.86 - Chapman, Tom $ 3,435.42 $ - - $ - 12.00 $ 240.92 - $ - $ 3,676.35 - Clark, Patrick $ 2,382.12 $ 56.67 8.00 $ 340.30 - $ - - $ - $ 2,779.09 - Coronado, Krystal $ 2,018.15 $ - - $ - - $ - - $ - $ 2,018.15 - Corrales, Edith $ 1,260.00 $ - - $ - - $ - - $ - $ 1,260.00 - Cubillos, Theresa $ 181.00 $ - - $ - - $ - - $ - $ 181.00 - Gempis, Danzel $ 1,875.23 $ - - $ - - $ - - $ - $ 1,875.23 - Golden, John $ 5,005.20 $ - - $ - - $ - - $ - $ 5,005.20 - Gutierrez, Gloria $ 2,135.40 $ - 1.02 $ 40.10 - $ - - $ - $ 2,175.50 - Inthasone, Bryant $ 1,968.92 $ - 32.00 $1,125.10 - $ - - $ - $ 3,094.02 - Levandusky, James $ 2,342.13 $ - 13.25 $ 539.38 12.00 $ 162.83 - $ - $ 3,044.34 - Lopez, Matt $ 743.75 $ - - $ - - $ - 8.00 $ 42.50 $ 786.25 - Lozano, Daniel $ 1,521.20 $ - 3.00 $ 114.09 - $ - - $ - $ 1,635.29 - Lozano, Patricia $ 1,320.46 $ - - $ - - $ - - $ - $ 1,320.46 - Mendoza, Sandra $ 3,003.00 $ - - $ - - $ - - $ - $ 3,003.00 - Molina, Jesus $ 2,305.19 $ - - $ - - $ - - $ - $ 2,305.19 - Quintanilla, Rodolfo $ 2,080.65 $ - 21.75 $ 783.83 12.00 $ 144.15 - $ - $ 3,008.63 - Rodrigues, Mary $ 2,257.69 $ - - $ - - $ - - $ - $ 2,257.69 - PAY PERIOD: January 08, 2023 - January 21, 2023
OVERTIME HOLIDAY at 1/2 TIME STANDBY

Page 1 of 2 ends

Section 5, Item B.

CITY OF KERMAN

PAYROLL REPORT

RETRO PAY GROSS COMP TIME
EMPLOYEE SALARY & Other HOURS AMOUNT HOURS AMOUNT HOURS AMOUNT SALARY EARNED PAY PERIOD: January 08, 2023 - January 21, 2023
OVERTIME HOLIDAY at 1/2 TIME STANDBY
Ruiz, Jose $ 1,984.61 $ - 12.75 $ 437.62 - $ - - $ - $ 2,422.24 18.00 Vasquez, Francisco $ 1,947.11 $ - - $ - - $ - - $ - $ 1,947.11 - Velez, Bernice $ 1,645.36 $ - - $ - - $ - - $ - $ 1,645.36 - TOTAL: $ 63,510.91 $ 56.67 123.52 $ 4,585.01 60.00 $ 915.66 $ 8.00 42.50 $ 69,110.75 26.25

PUBLIC WORKS
Arrellano, Antonio $ 1,715.69 $ - - $ - - $ - - $ - $ 1,715.69 - Barajas, Michael $ 3,583.56 $ - - $ - - $ - - $ - $ 3,583.56 - Camacho, Armando $ 1,799.23 $ - 65.50 $2,459.86 - $ - 33.00 $ 721.56 $ 4,980.64 - Castro, Joseph $ 2,818.52 $ - - $ - - $ - - $ - $ 2,818.52 - Cervantes, Pedro $ 1,420.31 $ - - $ - - $ - - $ - $ 1,420.31 - Garcia, Destiny $ 1,715.23 $ - - $ - - $ - - $ - $ 1,715.23 - Garcia, Guadalupe $ 1,420.31 $ - - $ - - $ - - $ - $ 1,420.31 - Gastelum, Humberto $ 2,922.72 $ - - $ - - $ - - $ - $ 2,922.72 - Gutierrez Olivarez, Norberto $ 1,511.08 $ - - $ - - $ - - $ - $ 1,511.08 - Hernandez, Julian $ 1,715.69 $ - - $ - - $ - - $ - $ 1,715.69 - Isaak, Denise $ 2,182.15 $ - - $ - - $ - - $ - $ 2,182.15 - Jimenez, Gabriela $ 1,489.08 $ - - $ - - $ - - $ - $ 1,489.08 - Kaur, Harmeen $ 1,848.64 $ - - $ - - $ - - $ - $ 1,848.64 - Lopez, Josue $ 1,489.08 $ - - $ - - $ - - $ - $ 1,489.08 - Morales, Andres $ 1,715.69 $ - - $ - - $ - - $ - $ 1,715.69 - Ortiz, Carlos $ 1,825.08 $ - 53.00 $1,999.74 - $ - 33.00 $ 732.22 $ 4,557.03 - Perez, Ruben Lopez $ 1,775.08 $ - 2.00 $ 66.57 - $ - - $ - $ 1,841.64 - Ramirez, Manuel $ 2,516.00 $ - - $ - - $ - - $ - $ 2,516.00 - Rivera, Coty $ 2,057.54 $ - 1.00 $ 38.58 - $ - - $ - $ 2,096.11 0.75 Rodriguez, Eduardo $ 1,174.71 $ - - $ - - $ - - $ - $ 1,174.71 - Sanchez, Daniel $ 2,507.48 $ - - $ - - $ - - $ - $ 2,507.48 - Soto, Samuel $ 1,757.34 $ - - $ - - $ - - $ - $ 1,757.34 - Tinoco, Alfonso $ 2,210.46 $ 1,080.23 - $ - - $ - - $ - $ 3,290.69 - TOTAL $ 45,170.66 $ 1,080.23 121.50 $ 4,564.74 - $ - 66.00 $ 1,453.78 $ 52,269.40 0.75

PLANNING
Campos, Manuel $ 1,759.54 $ - - $ - - $ - - $ - $ 1,759.54 3.00 Martinez, Mabel $ 1,889.69 $ - - $ - - $ - - $ - $ 1,889.69 - Orozco, Jesus $ 3,593.15 $ - - $ - - $ - - $ - $ 3,593.15 - TOTAL $ 7,242.38 $ - $ - $ - $ - $ - $ - $ - $ 7,242.38 $ 3.00

PLANNING COUNCIL
Bandy, R $ - Yep, G $ 125.00
Molloy, Cory $ - Herrera, I $ 125.00
Jones, C $ - Nijjer, B $ 125.00
Nunez, M $ - Coleman, J $ 125.00
Felker, R $ - Pacheco, M $ 125.00
Bishop, S $ -
Villar, V $ -
Total $ - Total $ 625.00
GRAND TOTAL: $168,967.57 $1,136.90 247.02 $9,209.24 60.00 $915.66 74.00 $1,496.28 $ 181,725.65 55.50

Page 2 of 2 ends

Section 5, Item B.

Accounts Payable
User:

Printed:

Gmendoza
2/13/2023 9:53 AM
Checks by Date - Detail by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
25992 UB*01630 ROSA ABARCA 02/01/2023
Refund Check 016799-000, 725 1/2 S 4TH ST 112.13
Total for Check Number 25992: 112.13
25993 UB*01628 EUSEBIA BAUTISTA MERINO 02/01/2023
Refund Check 018027-000, 709 S 7TH ST 1.18
Refund Check 018027-000, 709 S 7TH ST 0.12
Refund Check 018027-000, 709 S 7TH ST 1.99
Refund Check 018027-000, 709 S 7TH ST 0.08
Refund Check 018027-000, 709 S 7TH ST 143.09
Refund Check 018027-000, 709 S 7TH ST 2.09
Refund Check 018027-000, 709 S 7TH ST 1.45
Total for Check Number 25993: 150.00
25994 UB*01625 CENTURY COMMUNITIES 02/01/2023
Refund Check 015223-209, 193 S MCKENNA AVE 37.37
Total for Check Number 25994: 37.37
25995 UB*01626 CENTURY COMMUNITIES 02/01/2023
Refund Check 015223-229, 121 S 16TH ST 37.40
Total for Check Number 25995: 37.40
25996 UB*01629 CENTURY COMMUNITIES 02/01/2023
Refund Check 015223-188, 145 S MCKENNA AVE 36.97
Total for Check Number 25996: 36.97
25997 UB*01632 CENTURY COMMUNITIES 02/01/2023
Refund Check 015223-228, 14244 W GRAGNANI AVE 29.69
Total for Check Number 25997: 29.69
25998 UB*01631 GUADALUPE GARCIA 02/01/2023
Refund Check 017146-000, 525 S SISKIYOU AVE 121.76
Total for Check Number 25998: 121.76
25999 UB*01627 ABDUL HUSSEIN 02/01/2023
Refund Check 010513-000, 549 GURDWARA AVE 0.32
Refund Check 010513-000, 549 GURDWARA AVE 9.84
Refund Check 010513-000, 549 GURDWARA AVE 12.11
Refund Check 010513-000, 549 GURDWARA AVE 6.06
Refund Check 010513-000, 549 GURDWARA AVE 17.52
Total for Check Number 25999: 45.85
26000 UB*01624 TNT TOWING LLC 02/01/2023
AP Checks by Date - Detail by Check Date (2/13/2023 9:53 AM) Page 1 10 Section 5, Item C.

Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Refund Check 015326-000, 14915 W D ST 288.27
Total for Check Number 26000: 288.27
Total for 2/1/2023: 859.44
26001 11498 COMCAST CABLE COMMUNICATIONS MANAGEMENT LLC 02/02/2023 162140621 PD DEC ETHERNET SERVICES 1,283.64
163220376 PD CREDIT FOR ETHERNET SERVICES -551.50
Total for Check Number 26001: 732.14
26002 11382 DATA TICKET INC 02/02/2023
146789 PD- DEC PARKING ACTIVITY 160.54
Total for Check Number 26002: 160.54
26003 10514 ICAD INC 02/02/2023
16829 SWR- TROUBLESHOOT REPAIR HMI ISSUE 1,699.38
16829 WTR- TROUBLESHOOT REPAIR HMI ISSUE 1,699.37
Total for Check Number 26003: 3,398.75
26004 10255 JD MANUFACTURING 02/02/2023
37847 CC- COUNCIL/MAYOR PLAQUES 2022 190.89
Total for Check Number 26004: 190.89
26005 10239 KERWEST INC 02/02/2023
22995 CC- PUBLICATION ALCOHOL ORDINANCE 338.00
Total for Check Number 26005: 338.00
26006 10250 LIEBERT CASSIDY WHITMORE 02/02/2023
230202 ADM- ADMIN- HR PERSONNEL MATTER- 11/2022 382.50
230611 ADM- ADMIN- HR PERSONNEL MATTER- 11/2022 53.33
230624 ADM- ADMIN- HR PERSONNEL MATTER- 11/2022 26.50
230633 ADM- ADMIN- HR PERSONNEL MATTER- 11/2022 3,227.50 230683 ADM- ADMIN- HR PERSONNEL MATTER- 11/2022 796.00
232178 ADM- ADMIN-HR PERSONNEL MATTER- 12/2022 3,027.50 232616 ADM- ADMIN-HR PERSONNEL MATTER- 12/2022 33.50
Total for Check Number 26006: 7,546.83
26007 10265 MONTOY LAW CORPORATION 02/02/2023
012423 CC- CC-DECEMBER LEGAL FEES 6,821.50
Total for Check Number 26007: 6,821.50
26008 10289 P.G.& E. 02/02/2023
8970493475-4 PARKS- KERCKHOFF PARK- 12/09/22-01/07/22 40.34 Total for Check Number 26008: 40.34
26009 10927 PROFESSIONAL PRINT & MAIL INC 02/02/2023
115007 FIN- #9 & #10 ENVELOPES FOR UTILITY BILLING 690.55 115007 FIN- #9 & #10 ENVELOPES FOR UTILITY BILLING 1,899.02 115007 FIN- #9 & #10 ENVELOPES FOR UTILITY BILLING 1,726.38 Total for Check Number 26009: 4,315.95
AP Checks by Date - Detail by Check Date (2/13/2023 9:53 AM) Page 2 11 Section 5, Item C.

Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
26010 11460 SUPERIOR POOL PRODUCTS LLC 02/02/2023
Q2021722 WTR- 180 GAL BULK CHLORINE WELL 17 638.92
Q2021791 WTR- 130 GAL BULK CHLORINE WELL 9A 466.74
Q2021792 WTR- 120 GAL BULK CHLORINE WELL 17 432.30
Total for Check Number 26010: 1,537.96
26011 10360 TERRY JOHNSON TRUCKING 02/02/2023
2004438 SWR- 25.04 TONS OF FILL SAND 327.45
2004438 WTR- 25.04 TONS OF FILL SAND 327.45
Total for Check Number 26011: 654.90
26012 10413 YAMABE & HORN ENGINEERING INC 02/02/2023
4761444 KERMAN ANIMAL SHELTER 362.76
4761445 TRACT 6236 5,465.41
4761446 SPR 19-04 OVERNITE TRUCK PARKING 1,240.33
4761447 KUSD FIRST STREET EXTENSION 135.00
4761448 CWSRF WASTEWATER PLANNING GRANT 2,024.00
4761449 TRACT 6293 3,605.00
4761450 EASTSIDE COMMUNITY PARK 2,551.50
4761451 TRACT 6302 92.18
4761452 VINELAND AVE REHABE- CALIFORNIA TO KEARNEY 12,423.68 4761452 VINELAND AVE REHABE- CALIFORNIA TO KEARNEY 1,609.63 4761453 KEARNEY BLVD REHAB- PARK TO DEL NORTE 235.28
4761453 KEARNEY BLVD REHAB- PARK TO DEL NORTE 1,815.97
4761454 WELL NO. 12 & 14 EMERGENCY GENERATORS 743.50
4761455 NORTHWEST PARK 1,789.50
4761456 LIONS PARK RECHARGE PROJECT 5,184.59
4761457 UTILITY MASTER PLAN UPDATES 100.00
4761458 FY 21-22 STREET REHABILITATION PROJECT 4,500.00 4761459 FY 22-23 GENERAL ENGINEERING 982.50
4761460 FY 22-23 GENERAL ENGINEERING- WATER 190.00
4761461 SISKIYOU AVE REHAB- WHITESBRIDGE TO KEARNEY 295.00 4761462 GOLDENROD AVE REHAB- KEARNEY TO SJVRR 295.00
4761463 CALIFORNIA AVE SIDEWALK- 9TH TO VINELAND 295.00 Total for Check Number 26012: 45,935.83
26013 10014 ADMINISTRATIVE SOLUTIONS INC 02/02/2023
02012023 HR- FEBRUARY EMPLOYER FLEX PLAN 11,400.00
A1028388 HR- MERP ANNUAL FEE 150.00
A1028388 HR- FEBRUARY 125 PLAN ADMIN 150.00
A1028388 HR- FEBRUARY BLUE SHIELD PLAN ADMIN 915.00
A1028388A HR- JANUARY-SEC 125 EMPLOYEE CONT 3,245.78
Total for Check Number 26013: 15,860.78
26014 10029 ALLIED ELECTRIC 02/02/2023
2072428-00 SWR- VFD FANS FOR BLOWERS 254.68
3303765-00 SWR- VFD FANS FOR BLOWERS 464.34
Total for Check Number 26014: 719.02
26015 11355 BADGER METER 02/02/2023
80117354 FIN- BEACON HOSTING SERV UNIT JAN 2023 114.09
80117354 FIN- BEACON HOSTING SERV UNIT JAN 2023 114.09
Total for Check Number 26015: 228.18
26016 10545 WILBERT BARCOMA 02/02/2023
AP Checks by Date - Detail by Check Date (2/13/2023 9:53 AM) Page 3 12 Section 5, Item C.

Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
1/30/2023 PD- 4 DAY SUBSISTENCE CPCA ANN TRAINING SYMPOISUM 3/12-3/16 152.00 Total for Check Number 26016: 152.00
26017 10920 JEFF BELDING 02/02/2023
1/31/2023 PD- EDU REIMB CLASSES CRIM 113 FORENSIC SCI CRIM 174 ETHNIC/GEND 1,000.00 Total for Check Number 26017: 1,000.00
26018 10054 BLUE SHIELD OF CALIFORNIA 02/02/2023
230160004194 HR- FEBRUARY MEDICAL COVERAGE 46,786.41
Total for Check Number 26018: 46,786.41
26019 12348 BRADY INDUSTRIES 02/02/2023
7775427 CTC-JANITORIAL SUPPLIES JAN 2023 503.24
Total for Check Number 26019: 503.24
26020 10617 C A REDING CO INC 02/02/2023
658072 ADM- LANIER/IM C8000-CONTRACT- JAN 15.24
658072 ADM- LANIER/IM C8000-CONTRACT- JAN 28.59
658072 ADM- LANIER/IM C8000-CONTRACT- JAN 47.63
658072 ADM- LANIER/IM C8000-CONTRACT- JAN 3.81
658072 ADM- LANIER/IM C8000-CONTRACT- JAN 47.63
658072 ADM- LANIER/IM C8000-CONTRACT- JAN 47.63
Total for Check Number 26020: 190.53
26021 10076 CALIFORNIA POLICE CHIEFS ASSOC 02/02/2023
25679 PD-REG FEE CPCA ANNUALTRAINING SYMPOSIUM CHIEF GOLDEN,LT BARCOMA 1,750.00 Total for Check Number 26021: 1,750.00
26022 10078 CALIFORNIA STATE DISBURSEMENT 02/02/2023
0195001403-01 *C WITHHOLDING ORDER P/R DATE 1/27/23 319.93 200000001759283 *C WITHHOLDING ORDER P/R DATE 1/27/23 305.07 Total for Check Number 26022: 625.00
26023 12266 BIANCA CASTILLO 02/02/2023
00325724 CTC- SH DEPOSIT 1/20/2023 100.00
Total for Check Number 26023: 100.00
26024 12308 JACLYNN CASTRO 02/02/2023
01272023 ADM- PD REFERRAL GEMPIS 2ND INSTALLMENT 250.00 Total for Check Number 26024: 250.00
26025 11981 CENTRAL CALIFORNIA FOOD BANK 02/02/2023
AO-38704-1 CDBG- PURCHASE OF FOOD FOR COVID-19 FOOD DIST JAN 2023 FOOD ORDE 2,318.29 Total for Check Number 26025: 2,318.29
26026 11259 CIVIC PLUS INC 02/02/2023
221756 CS- CIVIC REC ANNUAL RENEWAL PLANNED REC SOFTWARE USAGE 796.40 221756 CS- CIVIC REC ANNUAL RENEWAL PARKS & FACILITIES SOFTWARE USAGE 796.40 221756 CS- CIVIC REC ANNUAL RENEWAL YSB SOFTWARE USAGE 293.41 221756 CS- CIVIC REC ANNUAL RENEWAL SENIOR SERVICES SOFTWARE USAGE 83.83 221756 CS- CIVIC REC ANNUAL RENEWAL AQUATICS SOFTWARE USAGE 502.99 221756 CS- CIVIC REC ANNUAL RENEWAL CTC SOFTWARE USAGE 1,718.53 AP Checks by Date - Detail by Check Date (2/13/2023 9:53 AM) Page 4 13 Section 5, Item C.

Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 26026: 4,191.56
26027 12109 CLEARSOURCE FINANCIAL CONSULTING02/02/2023
UFC1222-460 FIN- FEE STUDY PROGRESS INVOICE 2 6,105.00
Total for Check Number 26027: 6,105.00
26028 12226 KRYSTAL CORONADO 02/02/2023
01272023 ADM- PD REFERRAL VASQUEZ 2ND INSTALLMENT 250.00 Total for Check Number 26028: 250.00
26029 12006 CROMER INC 02/02/2023
30038769 VE EQUIP- FORKLIFT REPAIR 666.34
Total for Check Number 26029: 666.34
26030 10114 CROWN SHORT LOAD CONCRETE 02/02/2023
118095 SDWLK REP- CONCRETE 145 & SUNSET SIDEWALK REP 624.43 Total for Check Number 26030: 624.43
26031 12019 ELITE UNIFORMS 02/02/2023
XF1547 PD- M IRAZOQUI ANIMAL CONTROL UNIFORM 2POLO 2PANTS BELT JACKET 514.60 XF1554 PD- M IRAZOQUI ANIMAL CONT UNIFORM DTY BELT FLSHLIGHT BADGE HOLD 255.66 Total for Check Number 26031: 770.26
26032 11832 EPIC BUSINESS ESSENTIALS LLC 02/02/2023
SI00468802 CS- D BATTERIES BLD MAITENANCE 54.73
Total for Check Number 26032: 54.73
26033 10151 EWING IRRIGATION PRODUCTS 02/02/2023
18561216 MEDIANS- IRRIGATION SUPPLIES 19.45
Total for Check Number 26033: 19.45
26034 12312 EXTREME CONNECTIONS 02/02/2023
002231 VE REP- SECURITY ALARM MODULE REMOTE #1426 498.92 Total for Check Number 26034: 498.92
26035 12280 FIDELITY SECURITY LIFE INSURANCE CO02/02/2023 165617569 HR-FEBRUARY VISION PREMIUM 761.77
165617570 HR-FEBRUARY COBRA VISION PREMIUM 12.87
Total for Check Number 26035: 774.64
26036 10916 FOLSOM LAKE FORD 02/02/2023
VE- 2023 FORD EXPLORER (DOORS PAINTED WHITE ON THIS ONE) 48,312.81 FL2084 VE- 2023 FORD EXPLORER 47,005.11
Total for Check Number 26036: 95,317.92
26037 11550 FRESNO COUNTY SHERIFFS OFFICE - CIVIL UNIT 02/02/2023 2022-5723 *C FTB-WAGE GARNISHMENT P/R DATE 1/27/2023 137.00 Total for Check Number 26037: 137.00
26038 10800 FRESNO OXYGEN #5 02/02/2023
63110389 VE EQUIP- ELECTRODE & NOZZLE KIT FOR WELDER 74.31 AP Checks by Date - Detail by Check Date (2/13/2023 9:53 AM) Page 5 14 Section 5, Item C.

Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 26038: 74.31
26039 12100 GLOBAL INDUSTRIAL 02/02/2023
120069276 REC- FOUNTAIN BOTTLE FILLER 1,127.84
Total for Check Number 26039: 1,127.84
26040 11125 JOHN GOLDEN 02/02/2023
1/30/2023 PD- 4 DAYS SUBSISTENCE SPCA ANN TRAINING SYMPOISUM 3/12-3/16 152.00 Total for Check Number 26040: 152.00
26041 11358 GREAT AMERICA FINANCIAL SERVICES02/02/2023
33221770 SWR- LANIER MP5404 COPIER WWTP- JAN 124.92
33221770 WTR- LANIER MP5404 COPIER WWTP- JAN 124.92
33221771 WTR- LANIER MPC4504 COPIER PUBLIC WORKS- JAN 107.89 33221771 SWR- LANIER MPC4504 COPIER PUBLIC WORKS- JAN 107.89 Total for Check Number 26041: 465.62
26042 10514 ICAD INC 02/02/2023
16856 SWR- SERVICE WORK - WELL 9 825.00
Total for Check Number 26042: 825.00
26043 10767 IDESIGN CUSTOM SCREEN PRINTING 02/02/2023
1/25/2023 REC- SS BASKETBALL T-SHIRTS 284.00
Total for Check Number 26043: 284.00
26044 10219 JENSEN & PILEGARD INC 02/02/2023
657858 VE EQUIP- SHARPEN TRIMMER BLADES 72.28
657859 VE EQUIP- SHARPEN TRIMMER BLADES 43.37
657861 VE EQUIP- SHARPEN TRIMMER BLADES 72.28
Total for Check Number 26044: 187.93
26045 10224 JOBS AVAILABLE 02/02/2023
23-AA713 ADM- CLASSIFIED AD-WWTP MANAGER REF #23-0013-IC 680.00 23-AA713 ADM- CLASSIFIED AD-CODE ENFORCEMENT OFFICIAL-REF#23-0012-IC 680.00 Total for Check Number 26045: 1,360.00
26046 10233 KERMAN CHAMBER OF COMMERCE 02/02/2023
1/31/2023 CC- 2023 ANNUAL MEMBERSHIP FEE 150.00
Total for Check Number 26046: 150.00
26047 11142 KIMBALL MIDWEST 02/02/2023
100650243 VE SUPP- FILTER WRENCH PENLIGHT CABLE TIES 99.41 Total for Check Number 26047: 99.41
26048 10260 METRO UNIFORM & ACCESSORIES 02/02/2023
258197 PD- 10 KPD SHOULDER PATCHES 78.03
Total for Check Number 26048: 78.03
26049 10272 MUTUAL OF OMAHA 02/02/2023
001474867578 HR- FEBRUARY LTD INS EMPLOYER 549.84
001474867578 HR- FEBRUARY VOLUNTARY LIFE INSURANCE 1,109.39 001474867578 HR- FEBRUARY LTD INS EMPLOYEE 549.84
AP Checks by Date - Detail by Check Date (2/13/2023 9:53 AM) Page 6 15 Section 5, Item C.

Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
001474867578 HR- FEBRUARY LIFE INSURANCE 461.61
Total for Check Number 26049: 2,670.68
26050 10282 OFFICE DEPOT 02/02/2023
282123649001 WTR CNSRV- POST ITS, GLUE, SHELF 45.29
282410127001 WTR CNSRV- ORGANIZER 36.17
282410145001 WTR CNSRV- DESK PAD 18.73
286484766001 ADM- OFFICE SUPPLIES 82.17
288276076-001 BPO- OFFICE SUPPLIES 62.26
288276076-001 BPO BATTERIES 5.16
288276076-001 BPO BATTERIES 5.16
288276076-001 BPO- OFFICE SUPPLIES 62.26
Total for Check Number 26050: 317.20
26051 10289 P.G.& E. 02/02/2023
3920400666-0 STRT- MONTHLY SERVICE 121522-011323 4,348.33 Total for Check Number 26051: 4,348.33
26052 12345 MORONICA PATLAN 02/02/2023
00324065 CTC- CTC DEPOSIT 1/21/2023 400.00
Total for Check Number 26052: 400.00
26053 12082 PERFORMANCE AUTOMATION CO INC 02/02/2023
2218 WTR- TROUBLESHOOT VFD WELL 9 1,520.00
2219 SWR- TROUBLESHOOT SCREWPRESS 1,280.00
Total for Check Number 26053: 2,800.00
26054 10305 PITNEY BOWES BANK INC PURCHASE 02/02/2023
8000-9090-0159- VAR- POSTAGE FOR METER 42.12
8000-9090-0159- VAR- POSTAGE FOR METER 0.60
8000-9090-0159- VAR- POSTAGE FOR METER 155.61
8000-9090-0159- VAR- POSTAGE FOR METER 21.25
8000-9090-0159- VAR- POSTAGE FOR METER 325.73
8000-9090-0159- VAR- POSTAGE FOR METER 69.87
8000-9090-0159- VAR- POSTAGE FOR METER 26.61
Total for Check Number 26054: 641.79
26055 10328 SAFETY NETWORK 02/02/2023
00161297 REC- SAFETY VESTS 737.86
00161297 SD- HARD HATS 108.35
Total for Check Number 26055: 846.21
26056 12294 SANGER FENCE CO 02/02/2023
10356 BLDG- SERVICE CALL WEST GATE CITY YARD REPLACE KEYPAD 227.00 Total for Check Number 26056: 227.00
26057 11212 SE ELECTRIC 02/02/2023
1081 CS-REWIRE 4 LIGHT FIXTURES CTY MNGR OFFICE- CITY HALL 225.00 Total for Check Number 26057: 225.00
26058 10331 SEBASTIAN 02/02/2023
32386 FIN- TROUBLESHOOT PHONE SYSTEM HARD DRIVES 1,397.21 AP Checks by Date - Detail by Check Date (2/13/2023 9:53 AM) Page 7 16 Section 5, Item C.

Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 26058: 1,397.21
26059 10335 SILVA AUTO GROUP INC 02/02/2023
51142 VE REP- AC COMPRESSOR #1476 522.26
Total for Check Number 26059: 522.26
26060 11650 SITEONE LANDSCAPE SUPPLY COMPANY02/02/2023
126346146-001 PARKS- IRRIGATION SUPPLIES 487.37
126346146-001 MEDIANS- IRRIGATION SUPPLIES 487.37
126347439-001 MEDIANS- RETURN -19.25
126347439-001 PARKS- RETURN -19.25
126463818-001 MEDIANS- IRRIGATION SUPPLIES 8.66
Total for Check Number 26060: 944.90
26061 11162 STATEWIDE TRAFFIC SAFETY & SIGNS02/02/2023
04010424 STRTS- SANDBAG SIGN 45.51
Total for Check Number 26061: 45.51
26062 10349 STEAMRITE CARPET CLEANING 02/02/2023
4190 CS-CITY HALL CARPET CLEANING 1,225.00
Total for Check Number 26062: 1,225.00
26063 12347 SUPER SMART SHOPPERS 02/02/2023
PS-INV103046 PD- WHITE EVIDENCE ENVELOPES 51.63
Total for Check Number 26063: 51.63
26064 10015 THE ADVANCE GROUP 02/02/2023
80706 CLRK- BUS CARDS-PACHECO 104.06
Total for Check Number 26064: 104.06
26065 10365 THE RADAR SHOP INC 02/02/2023
14708 VE- RADAR CALIBRATION PD VEHICLES 1,880.00
Total for Check Number 26065: 1,880.00
26066 11502 TIREHUB LLC 02/02/2023
32325003 PD REP- 4-245/55/18 TIRES #1512 507.92
Total for Check Number 26066: 507.92
26067 10644 US BANK EQUIPMENT FINANCE 02/02/2023
491806931 ADM COPIER LEASE CONT #500-0656773-000 (ADMIN NEW MACHINE) 111.21 491806931 ADM COPIER LEASE CONT #500-0656773-000 (ADMIN NEW MACHINE) 8.90 491806931 ADM COPIER LEASE CONT #500-0603804-000 (PD) 115.52 491806931 ADM COPIER LEASE CONT #500-0656773-000 (ADMIN NEW MACHINE) 66.73 491806931 ADM COPIER LEASE CONT #500-0656773-000 (ADMIN NEW MACHINE) 111.21 491806931 ADM COPIER LEASE CONT #500-0656773-000 (ADMIN NEW MACHINE) 35.60 491806931 ADM COPIER LEASE CONT #500-0656773-000 (ADMIN NEW MACHINE) 111.21 491806931 ADM COPIER LEASE CONT #500-0653189-000 (COMMUNITY CENTER) 86.10 491806931 ADM COPIER LEASE CONT #500-0655084-000 (SR CTR) 179.82 Total for Check Number 26067: 826.30
26068 10387 USA BLUE BOOK 02/02/2023
229661 SWR- LIFT STATION ENCLOSED SPACES 321.36
AP Checks by Date - Detail by Check Date (2/13/2023 9:53 AM) Page 8 17 Section 5, Item C.

Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
235825 WTR- EMERGENCY PUMP WELL 14 1,570.43
Total for Check Number 26068: 1,891.79
26069 10406 WEST HILLS OIL INC 02/02/2023
253499 VE- DIESEL FUEL 375 GALLONS 1,945.13
Total for Check Number 26069: 1,945.13
26070 12344 WHITE CAP LP 02/02/2023
Light Tower 4-Spot LED Mutiquip #GBX12SK - 15687069-01OG (Freigh 5,776.66 Light Tower 4-Spot LED Mutiquip #GBX12SK - 15687069-01OG (Freigh 5,776.67 50020649752 SDWLK REP- CONCRETE REPAIR TOOLS 386.90
Total for Check Number 26070: 11,940.23
26071 11676 WORTHINGTON DIRECT HOLDINGS LLC02/02/2023
396448-KER039 CS- FOLDING CHAIRS, 4-PACK (5) 1,156.33
Total for Check Number 26071: 1,156.33
26072 12337 COTY RIVERA 02/02/2023
12/28/2022 WTR- MEALS PER DIEM 2/13, 2/14, 2/15 COTY RIVERA 95.00 Total for Check Number 26072: 95.00
Total for 2/2/2023: 293,380.95
26073 10109 COUNTY OF FRESNO 02/08/2023
02/01/2023 PD- DEC PARKING ACTIVITY 444.00
Total for Check Number 26073: 444.00
26074 10619 EDD 02/08/2023
L1131079056 FIN- UNEMPLOYMENT INS BENEFITS FROM 10/1/22-12/31/22 420.01 L1131079056 FIN- UNEMPLOYMENT INS BENEFITS FROM 10/1/22-12/31/22 3,150.00 L1131079056 FIN- UNEMPLOYMENT INS BENEFITS FROM 10/1/22-12/31/22 3,150.00 L1131079056 FIN- UNEMPLOYMENT INS BENEFITS FROM 10/1/22-12/31/22 588.99 L1131079056 FIN- UNEMPLOYMENT INS BENEFITS FROM 10/1/22-12/31/22 6.00 L1131079056 FIN- UNEMPLOYMENT INS BENEFITS FROM 10/1/22-12/31/22 4,030.00 Total for Check Number 26074: 11,345.00
26075 10159 FRESNO COUNCIL OF GOVERNMENTS 02/08/2023
80162/02525/806 BPO- MULTI-JURISDICTIONAL HOUSING ELEMENT 10,689.49 Total for Check Number 26075: 10,689.49
26076 12356 NOTORIOUS GRAFIX 02/08/2023
2129 VE 2- CITY LOGO HATS 37.92
2129 SWR 6- CITY LOGO HATS 113.76
2129 CODE ENF 1- CITY LOGO HATS 18.96
2129 CC 6- CITY LOGO HATS 113.76
2129 BLDG 1- CITY LOGO HATS 18.96
2129 CITY MGR 2- CITY LOGO HATS 37.92
2129 REC 4- CITY LOGO HATS 75.84
2129 PARKS 7- CITY LOGO HATS 132.77
2129 LLD 6- CITY LOGO HATS 113.76
2129 PLAN 1- CITY LOGO HATS 18.96
2172 PLAN 1- CITY LOGO HATS- EXTRAS FOR STOCK 18.96
AP Checks by Date - Detail by Check Date (2/13/2023 9:53 AM) Page 9 18 Section 5, Item C.

Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
2172 CC 6- CITY LOGO HATS- EXTRAS FOR STOCK 113.76
2172 VE 2- CITY LOGO HATS- EXTRAS FOR STOCK 37.92
2172 PARKS 7- CITY LOGO HATS- EXTRAS FOR STOCK 132.77
2172 REC 4- CITY LOGO HATS- EXTRAS FOR STOCK 75.84
2172 BLDG 1- CITY LOGO HATS- EXTRAS FOR STOCK 18.96
2172 CODE ENF 1- CITY LOGO HATS- EXTRAS FOR STOCK 18.96 2172 LLD 6- CITY LOGO HATS- EXTRAS FOR STOCK 113.76
2172 CITY MGR 2- CITY LOGO HATS- EXTRAS FOR STOCK 37.92 2172 SWR 6- CITY LOGO HATS- EXTRAS FOR STOCK 113.76
Total for Check Number 26076: 1,365.22
26077 11714 ROD CARSEY 02/08/2023
23-01 BPO- PLAN CHECK FEES SVC 12/1/22 THROUGH 12/31/22 2,027.39 Total for Check Number 26077: 2,027.39
26078 11502 TIREHUB LLC 02/08/2023
26795589 PD REP- 4- 245/55/518 TIRES #1517 615.52
Total for Check Number 26078: 615.52
26079 11493 24 / 7 PET VETS 02/08/2023
70028 AC EMERGENCY EXAM FOR FELINE EUTHANASIA CASE 23-0120 150.30 70148 AC EMERGENCY EXAM FOR FELINE EUTHANASIA CASE 23-0150 150.30 Total for Check Number 26079: 300.60
26080 11023 A & A CRANE SERVICE 02/08/2023
36829 CS- CRANE SERVICE KERCHOFF PARK REPLACE BALL PARK LIGHTS 770.00 Total for Check Number 26080: 770.00
26081 11387 LUISA AGUIRRE 02/08/2023
2/6/2023 REC- INSTRUCTOR FEE ZUMBA JAN 2023 598.50
Total for Check Number 26081: 598.50
26082 10021 ALERT O LITE 02/08/2023
0126696-IN SDWLK REP- EXPANSION JOINTS 63.82
Total for Check Number 26082: 63.82
26083 10028 ALLDATA LLC 02/08/2023
Annual Subscription Renewal - ALLDATA Repair 1,634.70
Total for Check Number 26083: 1,634.70
26084 12257 AMERITAS LIFE INSURANCE CORP 02/08/2023
01/31/2023 HR CLAIMS FUNDING ENDING 1/28/2023 775.93
Total for Check Number 26084: 775.93
26085 10917 BEST UNIFORMS 02/08/2023
43224 PD- OFC ANDREW GARCIA UNFRM 2 SHRTS,2 PNTS,1 TIE,1 TIE BAR,NAME 362.06 Total for Check Number 26085: 362.06
26086 12075 RHONDA BREWER 02/08/2023
2/6/2023 REC- INSTRUCTOR FEE HIIT FITNESS JAN 2023 318.50 Total for Check Number 26086: 318.50
AP Checks by Date - Detail by Check Date (2/13/2023 9:53 AM) Page 10 19 Section 5, Item C.

Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
26087 10103 COLONIAL LIFE 02/08/2023
34202050201414 HR JAN EMPLOYEE CONTRIBUTION ROUNDING ADJ -0.03 34202050201414 HR JAN EMPLOYEE CONTRIBUTION 604.12
Total for Check Number 26087: 604.09
26088 10162 FRESNO COUNTY TREASURER 02/08/2023
SO20208 PD- FEB DISPATCHING SERVICES 22,102.14
SO20208 PD- JAN RMS/JMS/CAD ACCESS FEES 194.12
Total for Check Number 26088: 22,296.26
26089 10170 FRESNO POLICE DEPARTMENT 02/08/2023
20001742 PD- FIREARMS INSTRUCTOR COURSE RANGE FEE I BARBOSA JAN 23-27 115.00 Total for Check Number 26089: 115.00
26090 12174 MARTHA GALINDO 02/08/2023
00325879 CTC- SH DEPOSIT 2/4/2023 100.00
Total for Check Number 26090: 100.00
26091 12352 DANIEL GARCIA 02/08/2023
00327509 CTC SH DEPOSIT 2/5/2023 100.00
Total for Check Number 26091: 100.00
26092 10185 GRAINGER 02/08/2023
9581038446 CS LOW ARC E-Z FLO LIONS PARK 27.93
9581144756 CS RETROFIT LAMP CITY HALL 127.48
9586741556 CS HAND DRYERS, ALUMINUM KERCHOFF PARK RESTROOM 399.27 9586890395 CS REPLACEMENT LENSE LIGHT KPD PATROL OPS 112.97 Total for Check Number 26092: 667.65
26093 10191 H & J CHEVROLET INC 02/08/2023
CVW29238 VE REP- BELTS #1451 67.90
Total for Check Number 26093: 67.90
26094 10222 JERRY'S AUTOMOTIVE 02/08/2023
033821 VE REP- REPLACE TRANSMISSION #1397 980.00
Total for Check Number 26094: 980.00
26095 10485 JP AIR CONDITIONING & HEATING 02/08/2023
6067 CS REPLACE CIRCUIT BOARD ON BLOWER CITY HALL 909.99 Total for Check Number 26095: 909.99
26096 12219 KERMAN SENIOR ADVISORY BOARD 02/08/2023
02/02/2023 CS- TRIP FEE COLLECTED ON REC1 REIMBUR TO SENIOR ADVISORY BOARD 150.00 Total for Check Number 26096: 150.00
26097 10249 LEAGUE OF CALIFORNIA CITIES 02/08/2023
643366 ADM- 2023 MEMBERSHIP DUES 7,538.00
Total for Check Number 26097: 7,538.00
26098 12354 MARCY MORALES 02/08/2023
CTC- CTC DEPOSIT FUND 400.00
AP Checks by Date - Detail by Check Date (2/13/2023 9:53 AM) Page 11 20 Section 5, Item C.

Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 26098: 400.00
26099 12351 MARILU MOSQUEDA 02/08/2023
00311723 CTC CTC DEPOSIT 1/28/2023 400.00
Total for Check Number 26099: 400.00
26100 10282 OFFICE DEPOT 02/08/2023
286368667001 PD- OFFICE SUPPLIES: COPY PAPER, MEMO PADS STENO PADS 56.36 291551967-001 BPO-HON FILE CABINET FOR BUILDING FILES 1,404.45 291552128-001 BPO- OFFICE SUPPLIES- PENS 7.78
291552128-001 BPO- OFFICE SUPPLIES- PENS 7.79
Total for Check Number 26100: 1,476.38
26101 10286 O'REILLY AUTOMOTIVE INC 02/08/2023
01/04/2023 VE REP- SUPPLIES 4 INV <$50 70.04
263348 VE REP- RETURN -113.33
362444 VE REP- RETURN -77.30
363261 VE REP- DISC PADS, ROTORS #1476 447.02
363274 VE REP- BULB 4.84
363274 VE SUPP BRAKE CLN, GLOVES 107.75
363895 PD MAINT- CABIN & AIR FILTERS 70.71
363895 PD REP- WIPER BLADES 82.29
363903 PD REP- DISC PADS, ROTORS #1489 460.44
364568 PD- MAINT SUPPLIES 1 INV<$50 12.96
366267 VE REP- CERAMIC PADS, BRAKE ROTOR #1451 163.45
36664D VE SUPP- ONLINE DISCOUNT -82.96
368016 VE SUPP- NITRILE GLOVES 93.14
368041 VE REP- SPARK PLUGS, WIRE SET #1426 152.31
368059 VE REP- TRANSMISSION FLUID #1397 209.73
368127 VE SUPP- DE-ICER SPRAY-STOCK 92.44
Total for Check Number 26101: 1,693.53
26102 11833 ORKIN 02/08/2023
237102591 CTC PEST CONTROL CTC JAN 2023 ACT #33718426 109.00 Total for Check Number 26102: 109.00
26103 10289 P.G.& E. 02/08/2023
2881141119-9 CS CNG VEHICLES FUEL- JAN 2023 PG&E ACT #2881141119-9 1,035.44 9081203718-3 CS KATEY'S PARK- PG&E JAN 2023 ID #9081203854 143.84 Total for Check Number 26103: 1,179.28
26104 11931 PRI MANAGEMENT 02/08/2023
20071 PD WEBINAR INTRO TO SEALING & EXPUNGING RECORDS G GUTIERREZ 2-16 159.00 Total for Check Number 26104: 159.00
26105 12353 DELILAH QUINONEZ 02/08/2023
CTC SH DEPOSIT 1/28/2023 100.00
Total for Check Number 26105: 100.00
26106 10319 RENO'S HARDWARE 02/08/2023
01/03/2023 STRTS- SUPPLIES- INV <$50 63.31
01/11/2023 BLDG- SUPPLIES- 3 INV <$50 17.08
10978 VE REP- SUPPLIES- 1 INV <$50 0.98
10997 SDWLK REP- CHANNEL IRON FOR SIDEWALK REPAIR 50.54 AP Checks by Date - Detail by Check Date (2/13/2023 9:53 AM) Page 12 21 Section 5, Item C.

Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 26106: 131.91
26107 11714 ROD CARSEY 02/08/2023
23-02 BPO PLAN CHECK FEES SERV JAN 1 THROUGH JAN-31-2020 675.26 Total for Check Number 26107: 675.26
26108 10327 SAFETY KLEEN SYSTEMS INC 02/08/2023
90860030 VE- CLEAN AQUEOUS PARTS WASHER 314.15
Total for Check Number 26108: 314.15
26109 BP-SAND JOSE L SANDOVAL 02/08/2023
22-RES-0344 BPO- Refund DEMO FEE, C&D RECYCLING FEE 115.00 22-RES-0344 BPO- Refund DEMO FEE, C&D RECYCLING FEE 150.00 Total for Check Number 26109: 265.00
26110 10332 SEBASTIAN 02/08/2023
10738194 VAR MONTHLY PHONE SERVICE 01/21/23-02/20/23 425.49 10738194 VAR MONTHLY PHONE SERVICE 01/21/23-02/20/23 86.00 10738194 VAR MONTHLY PHONE SERVICE 01/21/23-02/20/23 14.05 10738194 VAR MONTHLY PHONE SERVICE 01/21/23-02/20/23 543.74 10738194 VAR MONTHLY PHONE SERVICE 01/21/23-02/20/23 3.36 10738194 VAR MONTHLY PHONE SERVICE 01/21/23-02/20/23 51.38 10738194 VAR MONTHLY PHONE SERVICE 01/21/23-02/20/23 SVC CAMERAS PROJ PD 76.05 10738194 VAR MONTHLY PHONE SERVICE 01/21/23-02/20/23 345.65 10738194 VAR MONTHLY PHONE SERVICE 01/21/23-02/20/23 345.65 10738194 VAR MONTHLY PHONE SERVICE 01/21/23-02/20/23 107.08 10738194 VAR MONTHLY PHONE SERVICE 01/21/23-02/20/23 73.56 10738194 VAR MONTHLY PHONE SERVICE 01/21/23-02/20/23 21.18 10738194 VAR MONTHLY PHONE SERVICE 01/21/23-02/20/23 11.56 10738194 VAR MONTHLY PHONE SERVICE 01/21/23-02/20/23 208.76 10738194 VAR MONTHLY PHONE SERVICE 01/21/23-02/20/23 70.63 10738194 VAR MONTHLY PHONE SERVICE 01/21/23-02/20/23 197.40 10738194 VAR MONTHLY PHONE SERVICE 01/21/23-02/20/23 29.77 10738194 VAR MONTHLY PHONE SERVICE 01/21/23-02/20/23 51.38 10738194 VAR MONTHLY PHONE SERVICE 01/21/23-02/20/23 21.76 10738194 VAR MONTHLY PHONE SERVICE 01/21/23-02/20/23 21.18 10738194 VAR MONTHLY PHONE SERVICE 01/21/23-02/20/23 236.47 10738194 VAR MONTHLY PHONE SERVICE 01/21/23-02/20/23 153.38 10738194 VAR MONTHLY PHONE SERVICE 01/21/23-02/20/23 114.90 10738194 VAR MONTHLY PHONE SERVICE 01/21/23-02/20/23 21.18 Total for Check Number 26110: 3,231.56
26111 10337 SLUMBERGER LUMBER 02/08/2023
01/12/2023 SDWLK REP SUPPLIES 3INV <$50 53.41
01/17/2023 PARKS- SUPPLIES 2 INV <$50 24.61
01/25/2023 MEDIANS SUPPLIES- 4 INV <$50 62.36
B497506 WTR- CLAMP, FLASHLIGHT, PIPE WRENCH 130.73
B498197 LLD SUPPLIES- 1 INV <$50 2.21
B498980 SDWLK REP- CONCRETE 178.71
C336579 WTR- SUPPLIES 1 INV <$50 10.00
Total for Check Number 26111: 462.03
26112 10357 TAYLOR MADE IRRIGATION 02/08/2023
25872 VE EQUIP- COUPLER, PIPE, PVC, PRIMER 32.54
25893 MEDIANS- IRRIGATION SUPPLIES 129.51
AP Checks by Date - Detail by Check Date (2/13/2023 9:53 AM) Page 13 22 Section 5, Item C.

Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 26112: 162.05
26113 10754 THE HOME DEPOT PRO-SUPPLY WORKS02/08/2023
728408535 CS AIR FILTERS HVAC 46.27
728857525 CS LIGHT BULBS 161.20
Total for Check Number 26113: 207.47
26114 12290 VERIZON 02/08/2023
306000040844 PD- MONTHLY GPS SERVICE FOR KPD VEHICLES 1-01-23 TO 1-31-23 625.35 Total for Check Number 26114: 625.35
26115 10399 VETERINARY MEDICAL CENTER 02/08/2023
218768 AAC- 4 EUTHANASIA CANINES (CASE 22-4218), (CASE 22-4096 x3) 120.00 218770 AAC- 2 EUTHANASIA CANINES (CASE22-4096 X2) 60.00 Total for Check Number 26115: 180.00
26116 10415 YOUTH LEADERSHIP INSTITUTE 02/08/2023
01/25/2023 CC- COUNCIL DONATION TO YOUTH LEADERSHIP INSTITUTE 500.00 Total for Check Number 26116: 500.00
Total for 2/8/2023: 77,111.59
Report Total (125 checks): 371,351.98
AP Checks by Date - Detail by Check Date (2/13/2023 9:53 AM) Page 14 23 Section 5, Item C.

Accounts Payable
User:

Printed:

Gmendoza
2/13/2023 9:59 AM
Checks by Date - Detail by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
ACH 10518 KERMAN POLICE OFFICERS ASSN 01/27/2023
012723 C MEMBERSHIP DUES- 01/27/23 681.25
Total for this ACH Check for Vendor 10518: 681.25
ACH 10519 KERMAN MUNICIPAL EMPLOYEES ASSN01/27/2023
012723 C MEMBERSHIP DUES- 01/27/23 165.00
Total for this ACH Check for Vendor 10519: 165.00
ACH 10520 ICMA-RC 01/27/2023
012723 C LOAN PAYMENTS 2,666.80
012723 C DEFERRED COMP- 01/27/23 2,567.40
Total for this ACH Check for Vendor 10520: 5,234.20
ACH 10522 CALPERS 01/27/2023
012723 C EMPLOYER PAID CONTRIBUTIONS - 01/27/23 14,895.96 012723 EMPLOYEE PAID CONTRIBUTIONS 11,896.09
012723 ROUNDING ADJ -0.01
Total for this ACH Check for Vendor 10522: 26,792.04
Total for 1/27/2023: 32,872.49
Report Total (4 checks): 32,872.49
AP Checks by Date - Detail by Check Date (2/13/2023 9:59 AM) Page 1 24 Section 5, Item C.

Accounts Payable
User:

Printed:

Gmendoza
2/13/2023 10:08 AM
Checks by Date - Detail by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
ACH 10517 FEDERAL TAXES PAYROLL 01/27/2023
012723 C PAYROLL TAX DEPOSIT- 01/27/23- FICA MED PAYABLE= MEDICARE 5,142.06 012723 C PAYROLL TAX DEPOSIT- 01/27/23- FIT PAYABLE= TAX WITHHOLDING 11,882.34 012723 C PAYROLL TAX DEPOSIT- 01/27/23- FICA MED PAYABLE= MEDICARE 5,142.34 012723 C PAYROLL TAX DEPOSIT- 01/27/23- FICA PAYABLE= SOCIAL SECURITY 21,988.18 012723 C PAYROLL TAX DEPOSIT- 01/27/23- FICA PAYABLE= SOCIAL SECURITY 21,987.18 012723 C PAYROLL TAX DEPOSIT- 01/27/23- FIT PAYABLE= TAX WITHHOLDING 13,705.19 Total for this ACH Check for Vendor 10517: 79,847.29
Total for 1/27/2023: 79,847.29
Report Total (1 checks): 79,847.29
AP Checks by Date - Detail by Check Date (2/13/2023 10:08 AM) Page 1 25 Section 5, Item C.

Accounts Payable
User:

Printed:

Gmendoza
2/13/2023 10:11 AM
Checks by Date - Detail by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
ACH 10147 EMPLOYMENT DEVELOPMENT DEPARTMENT 01/30/2023
013023 C PR TAX DEPOSIT- 01/30/23 OVERPAYMENT DIFFERENCE FOR J. GUIZAR -13.06 013023 C PR TAX DEPOSIT- 01/30/23 SDI PAYABLE= SDI AMOUNT 1,957.60 013023 C PR TAX DEPOSIT- 01/30/23 SIT PAYABLE= PIT AMOUNT 4,433.80 013023 C PR TAX DEPOSIT- 01/30/23 SDI PAYABLE= SDI AMOUNT 1,596.15 013023 C PR TAX DEPOSIT- 01/30/23 SIT PAYABLE= PIT AMOUNT 3,905.38 Total for this ACH Check for Vendor 10147: 11,879.87
Total for 1/30/2023: 11,879.87
Report Total (1 checks): 11,879.87
AP Checks by Date - Detail by Check Date (2/13/2023 10:11 AM) Page 1 26 Section 5, Item C.

Golman Sachs BK NY 615-030525-245 2.30% 7/26/17 7/26/22 98,000.00 (98,000.00) - - 1,117.74 Citibank Sioux Falls SD 615-030525-245 3.15% 8/14/18 8/15/22 98,000.00 (98,000.00) - 1,539.27 Ally Bank Sandy Utah 615-030525-245 2.55% 4/28/22 4/29/24 205,000.00 205,000.00 199,643.35 2,620.91 American Express National Bank 615-030525-245 3.30% 6/29/22 7/1/24 245,000.00 245,000.00 240,264.15 4,053.58 Barclays Bank Del Retail 615-030525-245 2.85% 6/2/22 6/3/24 245,000.00 245,000.00 239,078.35 3,500.81 Beal Bank USA Las Vegas Nev CFT 615-030525-245 1.55% 3/9/22 3/6/24 248,000.00 248,000.00 239,605.20 1,937.80 BMW Bank North Amer Salt Lake 615-030525-245 0.50% 9/25/20 9/25/25 249,000.00 249,000.00 223,470.03 627.62 Capital One National Mclean 615-030525-245 3.30% 6/29/22 7/1/24 245,000.00 245,000.00 240,264.15 4,053.58 Capital One National National 615-030525-245 3.35% 6/29/22 6/30/25 245,000.00 245,000.00 237,684.30 4,114.99 Citibank 615-030525-245 3.30% 8/3/18 8/3/23 97,000.00 97,000.00 96,357.86 1,587.35 Discover Bank Greenwood 615-030525-245 3.55% 9/20/22 9/22/25 245,000.00 245,000.00 238,299.25 - Goldman Sachs Bank NY 615-030525-245 3.15% 2/6/19 2/6/24 48,000.00 48,000.00 47,246.88 749.79 Morgan Staley Bank 615-030525-245 3.30% 7/12/18 7/12/23 240,000.00 240,000.00 238,605.60 7,920.00 Sallie Mae Bank 615-030525-245 2.65% 2/8/18 2/8/23 51,000.00 51,000.00 50,982.15 670.20 State Bank of India 615-030525-245 1.10% 5/28/20 5/28/25 248,000.00 248,000.00 228,690.72 1,375.21 Synchrony Draper UT 615-030525-245 3.00% 4/20/18 4/20/23 96,000.00 96,000.00 95,687.04 1,443.95 UBS Bank Salt Lake 615-030525-245 3.35% 10/5/18 10/5/23 98,000.00 98,000.00 97,128.78 1,924.84 Wells Fargo Bank in Sioux Falls 615-030525-245 4.35% 10/14/22 10/15/24 249,000.00 249,000.00 247,560.78 2,730.14 US Government Bonds
Federal Home Loan Bank 615-030525-245 4.00% 9/23/22 9/23/24 500,000.00 500,000.00 493,340.00 - Federal Home Loan Bank 615-030525-245 5.05% 1/30/23 1/28/25 500,000.00 500,000.00 500,040.00 - Federal Home Loan Bank 615-030525-245 5.10% 1/30/23 1/28/26 500,000.00 500,000.00 499,595.00 - Average Rate 3.12%
Total CD's 2,756,000.00 1,798,000.00 - 4,554,000.00 4,453,543.59 41,986.55 27 Section 5, Item D.

CITY OF KERMAN
CD/Securities Portfolio
As of January 31, 2023 6/30/2022 6/30/2023 FY to Date
Interest Rate/ Opening Maturity Book Additions/ Book Interest Institution Account Number Trans. Date Date Date Balance (Deletions) Cashed In Balance Fair Value Paid Securities America Sweep Program
Beginning Balance 0.01 0.01
Transfers In/(Out) 7/5/22 269.84 269.84
7/12/22 3,927.45 3,927.45
7/15/22 0.02 0.02
7/26/22 1,117.74 1,117.74
7/26/22 98,000.00 98,000.00
8/15/22 (278.84) (278.84)
8/31/22 (103,036.22) (103,036.22)
9/27/22 2,844.31 2,844.31
10/19/22 (2,844.25) (2,844.25)
10/27/22 (0.06) (0.06)
10/31/22 2,621.00 2,621.00
11/7/22 278.83 278.83
11/15/22 920.21 920.21
11/28/22 1,375.21 1,375.21
11/28/22 (3,820.04) (3,820.04)
12/5/22 3,500.81 3,500.81
12/6/22 269.84 269.84
12/15/22 891.14 891.14
12/27/22 (6,037.55) (6,037.55)
12/27/22 0.55 0.55
1/13/23 4,271.56 4,271.56
1/18/23 919.94 919.94
1/30/23 (5,191.50) (5,191.50)
1/31/23 0.64 0.64

0.01 0.63 - 0.64 0.64 -
28 Section 5, Item D.

1.35% 10/14/22 40,765.56 40,765.56 40,765.56

2.07% 1/13/23 62,799.19 62,799.19 62,799.19
-
-
Transfers In/(Out) -
-
-
Total - LAIF 1.25% 11,958,206.80 125,953.02 - 12,084,159.82 12,084,159.82 125,953.02 Central Valley Money Market Acct 015030960
Beginning Balance 3,138,035.16 3,138,035.16
Interest 7/11/22 68.78 68.78 68.78
7/29/22 130.68 130.68 130.68
8/31/22 226.98 226.98 226.98
9/30/22 206.36 206.36 206.36
10/31/22 213.26 213.26 213.26
11/30/22 206.39 206.39 206.39
12/31/22 206.41 206.41 206.41
1/31/23 220.18 220.18 220.18
Transfers In/(Out) -
-
-

0.08% -
3,138,035.16 1,479.04 - 3,139,514.20 3,139,514.20 1,479.04 Subtotal All City Investments 1.48% 17,852,241.96 1,925,432.06 - 19,777,674.02 19,677,217.61 169,418.61 17,852,241.97 1,925,432.69 - 19,777,674.66 19,677,218.25 169,418.61 Market Value Adjustment (100,456.41)
1,925,432.69
1,925,432.69
-
Total Investments
29 Section 5, Item D.

STAFF REPORT
MEETING DATE: February 22, 2023
PRESENTER: Josefina Alvarez, Interim Finance Director
SUBJECT: Ordinance Adding Chapter 1.36 To Title 1 of the Kerman Municipal Code Relating to a Master Fee Schedule and Amending Section 5.04.090 Of Chapter 5.04, Section 5.24.040 of Chapter 5.24, Section 5.26.030 of Chapter 5.26, and Section 12.28.050 of Chapter 12.28 Regarding User and Regulatory Fees (JA)
RECOMMENDATION: Council by motion waive full second reading and adopt Ordinance Adding Chapter 1.36 To Title 1 of the Kerman Municipal Code Relating to a Master Fee Schedule and Amending Section 5.04.090 Of Chapter 5.04, Section 5.24.040 of Chapter 5.24, Section 5.26.030 of Chapter 5.26, and Section 12.28.050 of Chapter 12.28 Regarding User and Regulatory Fees.

EXECUTIVE SUMMARY:

On February 8, 2023, City Council waived the first reading and introduced Ordinance Adding Chapter

1.36 To Title 1 of the Kerman Municipal Code Relating to a Master Fee Schedule and Amending Section

5.04.090 Of Chapter 5.04, Section 5.24.040 of Chapter 5.24, Section 5.26.030 of Chapter 5.26, and Section 12.28.050 of Chapter 12.28 Regarding User and Regulatory Fees. At that time the Council also adopted a resolution establishing the Master Fee Schedule. That Master Fee Schedule will be effective on July 1, 2023. This is the second reading of the ordinance for adoption which will be effective 30 days after adoption.

BACKGROUND:

Historically, the City has adopted fees (other than impact fees on an ad hoc basis). The City commissioned a user and regulatory fee study which was commenced in FY 2021/22 by ClearSource Financial Consulting (ClearSource).

On November 9, 2022, the City Council received findings and initial recommendations from the fee study. The study provides an up-to-date analysis of the City’s current costs of providing fee-related services. This information can be used by the City Council as it considers potential updates to fees.

On February 8, 2023, the City Council was made aware of minor changes that were made to address City Council feedback and enhance fee schedule clarity.

Staff recommended the establishment of a Master Fee Schedule by ordinance which provides that all fees are to be set by resolution amending the Master Fee Schedule. Currently, the Municipal Code specifically identifies various fee amounts. The proposed code changes continue to reference fees for service. However, instead of identifying a specific amount, they indicate that fees will be established by resolution adopted by the City Council. This will allow for updates or new fees by 30 Section 5, Item E.
resolution without numerous modifications to the Municipal Code. The proposed ordinance also makes edits to current Municipal Code provisions with fee language inconsistent with the proposed Master Fee Schedule. The proposed ordinance was introduced at a first meeting on February 8th, 2023 and brought forth for the subsequent regular meeting of the Council.

FISCAL IMPACT:

Additional revenues expected from the Proposed Master Fee Schedule are intended to offset the cost of providing existing services associated with those fee-related regulatory functions and other programs. Additional fee revenue is not intended to fund new services. Fairly allocating costs to the services provided and recovering some, or all, of these costs from service recipients creates value and predictability for City customers and reimburses the City for services provided to a single party, as compared to the public at large. Recovering costs:
 Increases the availability of General Fund revenues to be used for services and activities available to all residents and businesses, such as public safety and public works services.  Helps meet fee-payer service level expectations by collecting fees to fund the existing level of services provided.

ATTACHMENTS:

A. Ordinance
31 Section 5, Item E.

Attachment ‘A’
ORDINANCE NO. 23-

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KERMAN ADDING CHAPTER

1.36 TO TITLE 1 OF THE KERMAN MUNICIPAL CODE RELATING TO A MASTER FEE SCHEDULE AND AMENDING SECTION 5.04.090 OF CHAPTER 5.04, SECTION

5.24.040 OF CHAPTER 5.24, SECTION 5.26.030 OF CHAPTER 5.26, AND SECTION

12.28.050 OF CHAPTER 12.28 REGARDING USER AND REGULATORY FEES THE CITY COUNCIL OF THE CITY OF KERMAN ORDAINS AS FOLLOWS:

SECTION 1. Chapter 1.36 shall be added to the Kerman Municipal Code to read as follows:

Chapter 1.36

MASTER FEE SCHEDULE
Sections:

1.36.010 Establishment of Master Fee Schedule.

1.36.010 Amendment of Fees and Master Fee Schedule.

1.36.010 Establishment of Master Fee Schedule.

All user and regulatory fees, penalties, refunds, reimbursements and charges of any kind collected by the City shall be specified in the Master Fee Schedule adopted by City Council, as amended by the Council resolution from time to time. Whenever applicable in this code, reference shall be made to the “Master Fee Schedule” in lieu of any reference to specific fee amounts.

1.36.020 Amendment of Master Fee Schedule.

All fees heretofore or hereafter set by ordinance in this code may also be established and amended by Council resolution amending the Master Fee Schedule except when state law requires that fees be adopted or amended by ordinance.

SECTION 2. Section 5.04.090 of the Kerman Municipal Code is hereby amended to read as follows:

5.04.090 License fee--Delinquency and penalty.

Every license which is not paid within a period of thirty days from the time the same becomes due and payable is declared to be delinquent and the city clerk shall add to such license and collect a penalty of ten percent per month of the license so delinquent. 32 Section 5, Item E.

SECTION 3. Section 5.24.040 of the Kerman Municipal Code is hereby amended to read as follows:

5.24.040 Permit--Application to solicit.

An application for a permit to solicit shall be made to the city council upon forms provided by the city at the office of the city clerk. Such application shall be sworn to and filed with the city clerk at least fifteen days prior to the time the permit applied for shall become effective; provided, that the city council may, for good cause shown, allow the filing of an application less than fifteen days prior to the effective date of the permit applied for. The application required in this section shall contain the following information, or in lieu thereof, a detailed statement of the reason or reasons why such information cannot be furnished:

A. The name and address of the applicant;
B. The exact purpose for which the proceeds of the solicitations, sale, bazaar, exhibition, promotion, amusement, show, lecture, entertainment or other enterprise, or any part thereof, are to be used, including the manner in which the amount of any compensation, intended to be paid to any person out of such proceeds, shall be paid; C. The total amount which is sought to be raised;
D. The names and addresses of all persons on its board of trustees or its governing body, and also the names and address of all persons who will receive compensation in any way for the solicitations;
E. The bank or place where all or any part of the funds raised by such activity will be placed on deposit or invested;
F. Contemporaneously with the filing of the application, the applicant shall deposit with the city clerk a bond or guaranty for the faithful performance of the provisions of this chapter as established in the Master Fee Schedule as amended from time to time. Such sum is to be returned to the applicant upon denial of the application if it is denied, or, if the application is granted, then to be returned to the applicant upon the order of the city council when it is satisfied that the applicant has met all requirements of this chapter;
G. Such other information in respect to the character, past activities, and the proposed activity of the applicant and the parties directly interested in or engaged in the work as may be necessary or desirable to enable the city council to make a full and complete investigation; H. Within fifteen days of filing an application, the city council shall determine whether to grant or deny the permit to solicit. The permit shall be granted if the council determines that the application provides the information required by this section. 33 Section 5, Item E.

SECTION 4. Section 5.26.030 of the Kerman Municipal Code is hereby amended to read as follows:

5.26.030 Permit application.

Applicants for a safe and sane fireworks stand permit must submit a completed application and the designated fee, as established in the Master Fee Schedule, as amended from time to time, upon a form obtained from the city clerk.

A completed application shall include:

A. A hold harmless agreement indemnifying city, its employees, officials and agents against loss, liability, injury or damages arising from issuance of the permit and all activities, injuries, incidents or occurrences conducted or occurring pursuant to the permit. The applicant shall provide to city a certificate of insurance in a form acceptable to city and naming city as additional insured;
B. A written description of the location of the stand either by street address or by distance and direction from the nearest cross streets;
C. Written permission of the owner and any lessee or possessor of the land on which the fireworks stand will be operated;
D. Written evidence that the applicant possesses a current retail sales license for the retail sale of safe and sane fireworks, and has been approved for such sales by north central fire protection district.

Upon receipt of the permit fee, and an application with the required attachments, the city clerk shall issue only one safe and sane fireworks stand permit to each applicant, and the permit shall be valid for only one location.

SECTION 5. Section 12.28.050 of the Kerman Municipal Code is hereby amended to read as follows:

12.28.050 Permit--Issuance conditions.

No permit issued under Section 12.28.040 shall be in conflict with the following regulations:

A. The maximum width of any driveway shall not be more than thirty feet, as measured at the top of the curbing.
34 Section 5, Item E.

B. The minimum distance between driveways serving the same lot or parcel of land shall be not less than eighteen feet, as measured at the top of the curbing.

C. Not more than forty percent of the frontage upon any street of the lot or lots or parcel of land to be served thereby shall be devoted to driveways.

D. No driveway shall be located so as to interfere with intersecting sidewalks, traffic signals, lamp posts, fire hydrants or other public improvements, either actual and in existence, or officially approved and contemplated.

E. No permit shall be issued to remove any curbing unless a concrete driveway between curbing and sidewalk is to be installed.

F. The necessary adjustments to utility facilities, light standards, fire hydrants, catch basins, street or rail way signs, signals, or other public improvements or installations shall be accomplished without cost to the city.

G. All such work shall be done under the supervision of the city engineer or his authorized agents, and in accordance with city specifications in effect at the time of such work. Forms shall be inspected by the city engineer or his authorized agents before any concrete is poured. All debris and surplus materials shall be promptly removed upon completion of the work.

H. The applicant shall maintain the premises in a safe manner, and shall provide adequate barricades and lights at his own expense to protect the safety of the public using the adjacent streets or sidewalks, and shall hold the city free from any damages incurred by his operations.

I. Fees charged for the issuance of the permit shall be established in the Master Fee Schedule, as amended from time to time.

J. The city council shall have the authority to rescind any permit heretofore or hereafter granted for a curb cut or sidewalk installation when it finds such action to be in the public interest.

SECTION 6. CEQA. This ordinance does not constitute a project under the California Environmental Quality Act (CEQA) pursuant to Guidelines Section 15378 (b)(4) which states in relevant part that the term “Project” does not include “The creation of government funding mechanisms or other government fiscal activities, which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.” (California CFR Title 14, Chapter 3)
SECTION 7. Severability. The City Council declares that the provisions of this Ordinance are severable. If, for any reason, any sentence, paragraph, or section of this ordinance is determined by a court of competent Jurisdiction to be invalid, such determination will not affect the validity of the remaining portions of this Ordinance.
35 Section 5, Item E.

SECTION 8. Effective Date. This ordinance shall be effective at the expiration of thirty (30) days from the date of adoption.

SECTION 9. Publication. This Ordinance shall be published in accordance with the provisions of Government Code Section 36933.

The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Kerman held on the 8th day of February 2023, and passed and adopted at a regular meeting the City Council held on 22nd day of February 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

The foregoing ordinance is hereby approved.
_________________________
Maria Pacheco
Mayor
ATTEST:

Marci Reyes
City Clerk
36 Section 5, Item E.

STAFF REPORT
MEETING DATE: February 22, 2023
PRESENTER: Josefina Alvarez, Interim Finance Director
SUBJECT: Approving Agreements with San Joaquin Valley Unified Air Pollution District for the Replacement of five Vehicles with Alternative Fuel Vehicles (Projects G-145425, G-145426, G- 145427, G-145428 and G-145429) and authorize the City Manager to Execute the Agreements (JA) RECOMMENDATION: Council by motion adopt resolution approving the agreements with San Joaquin Valley Air Pollution Control District to purchase five alternative fuel vehicles (Projects G145425, G-145426, G-145427, G-145428 and G-145429) and authorize the City Manager to execute the agreements.

EXECUTIVE SUMMARY: Council approved Res No. 23-03 which authorized the City Manager to complete and sign applications and administer the new alternative fuel vehicle purchase program through the San Joaquin Valley Air Pollution Control District (SJVAPCD) on January 11, 2023. Five applications were submitted to the SJVAPCD and all five applications have been approved. The City is able to proceed and enter into an agreement with SJVAPCD for each vehicle If all requirements are met, the City will receive $20,000 per vehicle or a total of $100,000 through the SJVAPCD alternative fuel vehicle purchase program.

FISCAL IMPACT: $80,000 was budgeted under the Grant Comp Natural Gas Vehicle account (500- 0000-334-09-00); amount will change to $100,000.

ATTACHMENTS:

A. Resolution w/Exhibit
37 Section 5, Item F.

Attachment ‘A’
RESOLUTION NO. 23-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN APPROVING FIVE AGREEMENTS

WITH THE SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT FOR THE PURCHASE OF FIVE ALTERNATIVE FUEL VEHICLES (PROJECTS G-145425, G-145426, G-145427, G-145-428 AND G-145429)
WHEREAS, Council approved Resolution 23-03 which authorized the City Manager to complete and sign applications and administer the new alternative fuel vehicle purchase program through the San Joaquin Valley Air Pollution Control District (SJVAPCD) on January 11, 2023; and WHEREAS, The City submitted five applications for the replacement of five vehicles with five alternative fuel vehicles to the SJVAPCD; and
WHEREAS, the SJVAPCD has approved the five applications for the City of Kerman and is ready to proceed with the projects (G-145425, G-145426, G-145427, G-145428 and G-145429).

NOW, THEREFORE, the City Council of the City of Kerman Hereby resolves as follows:

1. The foregoing recitals are true and correct and incorporated by reference.

2. The Council approves the five agreements with the SJVAPCD for the five alternative fuel vehicles, attached hereto as Exhibit ‘A’ through Exhibit ‘E’ for Projects G-145425, G145426, G-145427, G-145428 and G-145429.

3. The City Manager is authorized to sign each agreement on behalf of the City.

4. This resolution is effective upon adoption.

The foregoing resolution was introduced at a regular meeting of the City Council of the City of Kerman held on the 22nd day of February 2023, and passed at said meeting by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

The foregoing resolution is hereby approved.
____________________________
Maria Pacheco
Mayor
ATTEST:
__________________________
Marci Reyes
City Clerk
38 Section 5, Item F.

DocuSign Envelope ID: B5722725-E0D8-4E6A-B5E4-AAE3178441C4 ‘Exhibit A’
1 Agreement No. G-145425-A1
2 SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 3 PUBLIC BENEFIT GRANTS PROGRAM
4 FUNDING AGREEMENT
5 (New Alternative Fuel Vehicle Purchase)
6 This Agreement is made and entered into this day of
7 _, , by and between the SAN JOAQUIN VALLEY UNIFIED AIR 8 POLLUTION CONTROL DISTRICT, a unified air pollution control district formed 9 pursuant to California Health and Safety Code section 40150 et seq. (District), and City 10 of Kerman (Participant).
11 WITNESSETH:
12 WHEREAS, the California Clean Air Act (CCAA) requires local air 13 pollution control districts to reduce emissions from motor vehicles; 14 WHEREAS, AB 2766, AB 923, SB 709, and AB 2522 authorize districts 15 to impose fees upon certain registered motor vehicles within the district, and the 16 governing board of the District has imposed said fees; 17 WHEREAS, said legislation requires District to use said funds for activities 18 related to reduce air pollution from motor vehicles and for related planning, monitoring, 19 enforcement, and technical studies necessary for the implementation of the California 20 Clean Air Act of 1988; and
21 WHEREAS, the District has developed other funding mechanisms in 22 order to provide grant monies for its incentive programs; and 23 WHEREAS, on August 11, 2011, the District began accepting applications 24 to approve for funding those projects deemed to be most suitable for vehicle license 25 fees and other funding; and
26 WHEREAS, Participant has proposed a project that meets the eligibility 27 criteria of the Public Benefit Grants Program, New Alternative Fuel Vehicle Purchase 28 Component and has been approved by the District for funding; and G-145425-A1
1 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
39 Section 5, Item F.

DocuSign Envelope ID: B5722725-E0D8-4E6A-B5E4-AAE3178441C4 1 WHEREAS, Participant represents that it is willing and able to perform the 2 activities set forth herein.
3 NOW, THEREFORE, based on their mutual promises, covenants, and 4 conditions, the parties hereby agree as follows:
5 1. PROJECT
6 The Participant agrees to purchase and place into service the type and 7 number of new alternative fuel vehicle(s) as set forth in the application attached hereto 8 and incorporated herein as Exhibit A. Participant agrees, that at the date of execution 9 of this Agreement, Participant has not yet purchased or taken possession of said 10 vehicle(s) and agrees to furnish all labor, materials, equipment, licenses, permits, fees, 11 and other incidentals necessary to perform and complete, per schedule, in a 12 professional manner, the requirements described herein. Participant agrees and 13 represents that purchase of the specified vehicle(s) subject of this Agreement is/are not 14 required by or to be used for compliance with any local, state, or federal rule or 15 regulation, settlement agreement, mitigation agreement, memorandum of 16 understanding (MOU), memorandum of agreement (MOA), or other legal mandate 17 currently in effect. Participant waives all rights to any emission reduction credits that 18 may accrue as a result of purchase of the specified vehicle(s). 19 In the event of any conflict between or among the terms and conditions of 20 this Agreement and the exhibit incorporated herein, such conflict shall be resolved by 21 giving precedence in the following order of priority:
22 1. To the text of thisAgreement
23 2. Exhibit to thisAgreement
24 2. TIMETABLE/PERIOD OF PERFORMANCE
25 Participant shall purchase and place the new alternative fuel vehicle(s) 26 into service, and submit all final claims as outlined in Paragraph 3, no later than one 27 (1) year from the execution date of this Agreement. If the Participant cannot meet 28 the project timetable as set forth herein, the Participant must notify the District in writing G-145425-A1
2 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
40 Section 5, Item F.

DocuSign Envelope ID: B5722725-E0D8-4E6A-B5E4-AAE3178441C4 1 and request to amend the Agreement to provide the Participant additional time to meet 2 all performance requirements under the Agreement. Such request is subject to review 3 and approval by the District. Participant agrees to amend the Agreement as necessary, 4 if requested by the District, to ensure the project is completed within the timetable 5 approved by the District.
6 A. Agreement Period: The Participant shall own and operate the new 7 alternative fuel vehicle(s) purchased under this Agreement according to the terms of 8 this Agreement for no less than three (3) years from the date in which the vehicle(s) 9 is/are first placed into service.
10 3. COMPENSATION
11 The total obligation of the District under this Agreement shall not exceed 12 Twenty Thousand And 00/100 dollars ($20,000.00) for the purchase of the new 13 alternative fuel vehicle(s) identified in Exhibit A. The maximum funding provided per 14 vehicle is limited to the corresponding Eligible Amount identified in Exhibit A. 15 Participant shall obtain through other sources sufficient additional monies 16 to fund the total cost of the vehicle(s) as outlined in Exhibit A. In the event funding from 17 other sources for the total cost of the vehicle(s) is not received by Participant, District 18 reserves the right to terminate or re-negotiate this Agreement. 19 A. Payments: Advance payments shall not be permitted. The District 20 shall issue payment to Participant upon receipt of a properly supported and verified 21 claim for payment as specified in the Public Benefit Grants Program, New Alternative 22 Fuel Vehicle Purchase Component payment procedures document. The payment 23 procedures document shall be provided to Participant by the District. Payment is for 24 reimbursement to the Participant for the purchase of new alternative fuel vehicle(s) and 25 funding shall only be allowed toward the purchase of the specific vehicle(s) described 26 in Exhibit A. The District reserves the right to reduce the funding paid to the Participant 27 if it is determined that the actual invoiced costs paid by the Participant for the purchase 28 of the new vehicle(s) is/are less than the Total Eligible Amount specified in Exhibit A.

G-145425-A1
3 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
41 Section 5, Item F.

DocuSign Envelope ID: B5722725-E0D8-4E6A-B5E4-AAE3178441C4 1 The District also reserves the right to reduce the funding if the Participant receives or 2 will receive co-funding from a third party that, in addition to the District’s funding, 3 exceeds the total invoiced cost(s) of the new alternative fuel vehicle(s) purchased under 4 this Agreement. Participant is required to disclose all such information to the District 5 prior to the execution date of this Agreement. The Participant will not be reimbursed by 6 the District for the purchase of the new alternative fuel vehicle(s) if the Participant has 7 purchased or taken possession of the said new vehicle(s) prior to the execution date of 8 this Agreement.
9 Concurrently with the submission of any claim for payment, Participant 10 shall certify (through copies of invoices issued, checks, receipts, and the like) that 11 complete payment has been made or invoiced. Participant understands that any 12 payment received from the District to fund the vehicle(s) in this Agreement may be 13 subject to taxation and the District will issue a form 1099 to the Participant. Any tax 14 liability on the funds provided by the District shall be the sole responsibility of the 15 Participant.
16 B. Surplus Funds: Any compensation, which is not expended by 17 Participant pursuant to the terms and conditions of this Agreement by the project 18 completion date, shall automatically revert to District. Only expenditures incurred by 19 Participant in the direct performance of this Agreement will be reimbursed by District. 20 4. NON-ALLOCATION OF FUNDS
21 The terms of this Agreement are contingent on the approval and receipt 22 of funds by the appropriating government agency. Should sufficient funds not be 23 allocated, the services provided may be modified or this Agreement terminated at any 24 time by giving Participant thirty (30) days’ prior written notice. 25 5. ANNUAL REPORTING
26 Participant shall submit annual reports on the vehicle(s) that include the 27 following information:
28 1. Participant contactinformation;
G-145425-A1
4 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
42 Section 5, Item F.

DocuSign Envelope ID: B5722725-E0D8-4E6A-B5E4-AAE3178441C4 1 2. Proof of current California registration for the new alternative 2 fuel vehicle(s);
3 3. Proof of insurance as required by paragraph11.
4 4. Annual miles or hours traveled (including mileage/activity or 5 hour/activity logs for documentation);
6 5. Summary of maintenanceperformed;
7 6. Any other pertinent information requested by the District on a 8 form to be provided to the Participant by the District. 9 Annual reporting will be required for three (3) subsequent years following 10 the purchase of the new alternative fuel vehicle(s). The first year annual report is due 11 on the anniversary date of when the new alternative fuel vehicle(s) was/were first placed 12 into service and for each ensuing year thereafter. Noncompliance with the reporting 13 requirements shall result in on-site monitoring by District personnel and will impact the 14 Participant’s ability to receive funding from the District for future projects. Participants 15 with annual reports more than six (6) months late will not be granted any additional grant 16 funds from the District until all reports are satisfactorily submitted. 17 The District or representative designated by the District reserves the right 18 to monitor the vehicle(s), enforce the terms of this Agreement at any time during the 19 Agreement Period specified in subparagraph 2.A, and pursue repayment of funds for 20 non-compliance within the terms and conditions of this Agreement or applicable state 21 laws or regulations.
22 6. TERMINATION
23 A. Breach of Agreement: District may immediately suspend or 24 terminate this Agreement, in whole or in part, where in the determination of District there 25 is:
26 1. An illegal or improper use of funds;
27 2. A failure to comply with any term of thisAgreement; 28 3. A substantially incorrect or incomplete annual report submitted G-145425-A1
5 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
43 Section 5, Item F.

DocuSign Envelope ID: B5722725-E0D8-4E6A-B5E4-AAE3178441C4 1 to the District;
2 In no event shall any payment by District constitute a waiver by Districtof 3 any breach of this Agreement or any default, which may then exist on the part of 4 Participant. Neither shall such payment impair or prejudice any remedy available tothe 5 District with respect to the breach or default. District shall have the right to demand of 6 Participant the repayment to the District of any funds disbursed to Participant under this 7 Agreement which in the judgment of District were not expended in accordance with the 8 terms of this Agreement. Participant shall promptly refund any such funds upon 9 demand.
10 In addition to immediate suspension or termination, District may impose 11 any other remedies available at law, in equity, or otherwise specified in this Agreement. 12 The District may prohibit Participant from participating in all other District and State grant 13 programs in the future.
14 B. Without Cause: Either party may terminate this Agreement atany 15 time upon giving the other party at least thirty (30) days’ advance written notice of 16 intention to terminate. The District shall have the right to demand prompt repayment of 17 a portion or all monies expended under this Agreement as provided in paragraph 3 if 18 the Participant does not meet all obligations under this Agreement upon such 19 termination.
20 7. MODIFICATION
21 Any matters of this Agreement may be modified from time to time by the 22 written consent of all the parties without in any way affecting the remainder. 23 8. INDEPENDENT CONTRACTOR
24 In performance of the work, duties, and obligations assumed by 25 Participant (also referred to in this section as ‘Contractor’) under this Agreement, it is 26 mutually understood and agreed that Contractor, including any and all of Contractor’s 27 officers, agents, and employees, will at all times be acting and performing as an 28 independent contractor and shall act in an independent capacity and not as an officer, G-145425-A1
6 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
44 Section 5, Item F.

DocuSign Envelope ID: B5722725-E0D8-4E6A-B5E4-AAE3178441C4 1 agent, servant, employee, joint venture, partner, or associate of District or ARB. 2 Furthermore, District shall have no right to control or supervise or direct the manner or 3 method by which Contractor shall perform its work and function. However, Districtshall 4 retain the right to administer this Agreement so as to verify that Contractor is performing 5 its obligations in accordance to the terms and conditions thereof. Contractor and District 6 shall comply with all applicable provisions of law and the rules and regulations, if any, 7 of governmental authorities having jurisdiction over matters the subject thereof. 8 Because of its status as an independent contractor, Contractor shall have 9 absolutely no right to employment rights and benefits available to District employees. 10 Contractor shall be solely liable and responsible for providing to, or on behalf of, itself 11 all legally required employee benefits. In addition, Contractor shall be solely responsible 12 and save District harmless from all matters relating to payment of Contractor’s 13 employees, including compliance with social security, withholding, and all other 14 regulations governing such matters. It is acknowledged that during the term of this 15 Agreement, Contractor may be providing services to others unrelated to District or to 16 this Agreement.
17 9. NON-ASSIGNMENT
18 Participant may not assign, sell, transfer, license, or subcontract any rights 19 or obligations to a third party within or outside of the District’s boundaries without the 20 express prior consent of the District for the duration of the Agreement Period specified 21 in subparagraph 2.A. If the Participant sells or transfers ownership of the vehicle(s) or 22 any portion thereof for any reason, or is required to replace the vehicle(s) with cleaner 23 vehicle(s) prior to the end of the Agreement Period, the Participant must request and 24 receive written consent from the District prior to selling or transferring ownership of the 25 vehicle(s) or any portion thereof.
26 Prior to completing the transaction, the Participant understands that it is 27 responsible to inform the party purchasing the vehicle(s) of the Agreement provisions 28 and disclose the remaining Agreement term. The Participant shall be responsible for G-145425-A1
7 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
45 Section 5, Item F.

DocuSign Envelope ID: B5722725-E0D8-4E6A-B5E4-AAE3178441C4 1 establishing an agreement between the new owner and District in order to facilitate the 2 transfer of the Agreement provisions and terms. The Participant shall provide the 3 prospective new owner with valid contact information for the District so the new owner 4 can assume legal responsibility under the original Agreement or enter into a new 5 Agreement with the District, for the remainder of the Agreement Period. Participant 6 understands that they shall not be relieved of their legal obligation to fulfill the conditions 7 of this Agreement unless the new owner has assumed responsibility through an 8 executed agreement with the District.
9 10. INDEMNIFICATION
10 Participant agrees to indemnify, save, hold harmless, and at District’s 11 request, defend the District, its boards, committees, representatives, officers, agents, 12 and employees from and against any and all costs and expenses (including reasonable 13 attorneys’ fees and litigation costs), damages, liabilities, claims, and losses (whetherin 14 contract, tort, or strict liability, including, but not limited to, personal injury, death, and 15 property damage) which arise or are alleged to arise directly or indirectly from any act 16 or omission of Participant, its officers, agents, sub participants, or employees in their 17 performance of this Agreement, or out of the operations of the Participant. 18 11. INSURANCE AND VEHICLE WARRANTY
19 Participant is responsible for securing warranty and maintaining 20 replacement value insurance on the new alternative fuel vehicle(s) for the duration of 21 the Agreement Period specified in subparagraph 2.A. The new alternative fuel 22 vehicle(s) purchased through this Agreement must not be tampered with or modified in 23 any such manner than would void the warranty of the vehicle(s). Insurance coverage 24 must be sufficient to repay the District’s investment in case major damage to the new 25 alternative fuel vehicle(s) occurs during the Agreement Period. A copy of the current 26 insurance for each vehicle purchased under this Agreement is required to be submitted 27 annually with the Participant’s annual report.
28 In the event that the new alternative fuel vehicle(s) purchased under this G-145425-A1
8 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
46 Section 5, Item F.

DocuSign Envelope ID: B5722725-E0D8-4E6A-B5E4-AAE3178441C4 1 Agreement is/are in an accident, stolen, destroyed, or otherwise rendered temporarily 2 or permanently inoperable, the Participant must immediately inform the District of such 3 damage(s) and repair or replace the vehicles(s) within three (3) months from the date 4 of the occurrence at the Participant’s expense and to the standards which meet all 5 program requirements for the remainder of the Participant’s obligation under this 6 Agreement.
7 If the Participant repairs a vehicle rendered temporarily inoperable, said 8 repairs shall include any and all repairs necessary to restore the vehicle and any 9 optional equipment purchased under this Agreement to a reasonable condition. If the 10 Participant replaces a vehicle rendered permanently inoperable; said replacement shall 11 include an equivalent vehicle(s) that, at a minimum, meets all program eligibility 12 requirements, including emission level, Gross Vehicle Weight Rating (GVWR), etcetera. 13 As the replacement of a vehicle may require an amendment to the existing Agreement, 14 the Participant must receive prior authorization from the District in advance of any 15 purchases, and must provide any and all replacement vehicle information to the District. 16 In the event the Participant does not repair or replace vehicle(s) that 17 become inoperable to fulfill the Agreement Period specified in subparagraph 2.A, the 18 District may undertake actions pursuant to this Agreement, including recouping a 19 portion or all incentive funds provided for the vehicle(s) in question. 20 12. RECORD KEEPING
21 Participant shall maintain records sufficient to provide, on an annual basis, 22 information regarding annual mileage, fuel usage, invoices, general maintenance 23 details, correspondence associated with the application, award, agreement, monitoring, 24 enforcement, and reporting requirements and any other available information that may 25 be deemed pertinent to the evaluation of the program for at least two (2) years after the 26 equipment project term or three (3) years after final payment, whichever is later. 27 Records shall be readily available and accessible to the District, or District designated 28 representative, upon request for the purposes of ongoing evaluations or auditing.

G-145425-A1
9 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
47 Section 5, Item F.

DocuSign Envelope ID: B5722725-E0D8-4E6A-B5E4-AAE3178441C4 1 13. NOTICES
2 The persons and their addresses having authority to give and receive 3 notices under this Agreement are as follows:
4 PARTICIPANT DISTRICT
5 John Jansons
6 City Manager
7 850 S. Madera Ave.

Kerman, CA 93630
8 Samir Sheikh
Executive Director/APCO
1990 East Gettysburg Ave.

Fresno, CA 93726
9 Any and all notices between District and Participant provided for or 10 permitted under this Agreement or by law shall be in writing and shall be deemed duly 11 served when personally delivered to one of the parties, or in lieu of such personal 12 service, when deposited in the United States mail, postage prepared, addressed to such 13 party.
14 14. AUDITS AND INSPECTIONS
15 In addition to enforcement by the District or designated representative(s) 16 of the District, the District reserves the right to perform audits of vehicle(s) and 17 documentation and enforce the terms of this Agreement at any time during the 18 Agreement term.
19 If, after audit, the District makes a determination that funds provided to the 20 Participant pursuant to this Agreement were not spent in conformance with this 21 Agreement or any other applicable provisions of law, the Participant agrees to 22 immediately reimburse District all funds determined to have been expended not in 23 conformance with said provisions.
24 15. POLITICAL ACTIVITY PROHIBITED
25 None of the funds, materials, property, or services provided under this 26 Agreement shall be used for any political activity, or to further the election or defeat of 27 any candidate for public office contrary to federal or state laws, statutes, regulations, 28 rules, or guidelines.

G-145425-A1
10 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000 48
Section 5, Item F.

DocuSign Envelope ID: B5722725-E0D8-4E6A-B5E4-AAE3178441C4 1 16. LOBBYING PROHIBITED
2 None of the funds provided under this Agreement shall be used for 3 publicity, lobbying, or propaganda purposes designed to support or defeat legislation 4 before the Congress of the United States of America or the Legislature of the State of 5 California.
6 17. CONFLICT OF INTEREST
7 No officer, employee, or agent of District who exercises any function or 8 responsibility for planning and carrying out the services provided under thisAgreement 9 shall have any direct or indirect personal financial interest in this Agreement. Participant 10 shall comply with all federal and state conflict of interest laws, statutes, and regulations, 11 which shall be applicable to all parties and beneficiaries under this Agreement and any 12 officer, agent, or employee of District.
13 18. GOVERNING LAW
14 This Agreement shall be governed in all respects by the laws of theState 15 of California. Venue for any action arising out of this Agreement shall only be in Fresno 16 County, California.
17 19. COMPLIANCE WITH LAWS
18 The Participant shall comply with all federal and state laws, statutes, 19 regulations, rules, and guidelines which apply to its performance under this Agreement, 20 including California driving eligibility and financial liability laws. 21 20. BINDING ON SUCCESSORS
22 This Agreement, including all covenants and conditions containedherein, 23 shall be binding upon and inure to the benefit of the parties, including their respective 24 successors-in-interest, assigns, and legal representatives. 25 21. TIME IS OF THE ESSENCE
26 It is understood that for Participant's performance under this Agreement, 27 time is of the essence. The parties reasonably anticipate that Participant will, to the 28 reasonable satisfaction of District, complete all activities provided herein within the time G-145425-A1
11 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
49 Section 5, Item F.

DocuSign Envelope ID: B5722725-E0D8-4E6A-B5E4-AAE3178441C4 1 schedule outlined in this Agreement, provided that Participant is not caused 2 unreasonable delay in such performance.
3 22. DATA OWNERSHIP
4 Upon termination or expiration of this Agreement, all data which is 5 received, collected, produced, or developed by Participant under this Agreement shall 6 become the exclusive property of District, provided, however, Participant shall be 7 allowed to retain a copy of any non-confidential data received, collected, produced, or 8 developed by Participant under this Agreement subject to District’s exclusive ownership 9 rights stated herein. Accordingly, Participant shall, if requested, surrender to District all 10 such data which is in its possession (including its sub participants or agents), without 11 any reservation of right or title, not otherwise enumerated herein. 12 District shall have the right at reasonable times during the term of this 13 Agreement to inspect and reproduce any data received, collected, produced, or 14 developed by Participant under this Agreement. No reports, professional papers, 15 information, inventions, improvements, discoveries, or data obtained, prepared, 16 assembled, or developed by Participant, pursuant to this Agreement, shall be released 17 or made available (except to District) without prior, express written approval of District 18 while this Agreement is in force, and except as otherwise required under the California 19 Public Records Act.
20 23. NO THIRD-PARTY BENEFICIARIES
21 Notwithstanding anything else stated to the contrary herein, it is 22 understood that Participant's services and activities under this Agreement are being 23 rendered only for the benefit of District, and no other person, firm, corporation, or entity 24 shall be deemed an intended third-party beneficiary of this Agreement. 25 24. SEVERABILITY
26 In the event that any one or more of the provisions contained in this 27 Agreement shall for any reason be held to be unenforceable in any respect by a court 28 of competent jurisdiction, such holding shall not affect any other provisions of this G-145425-A1
12 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
50 Section 5, Item F.

DocuSign Envelope ID: B5722725-E0D8-4E6A-B5E4-AAE3178441C4 1 Agreement, and the Agreement shall then be construed as if such unenforceable 2 provisions are not a part hereof.
3 25. ENTIRE AGREEMENT
4 This Agreement constitutes the entire agreement between Participant and 5 District with respect to the subject matter hereof and supersedes all previous 6 negotiations, proposals, commitments, writings, advertisements, publications, and 7 understandings of any nature whatsoever unless expressly included in this Agreement. 8 ///
9 ///
10 ///
11 ///
12 ///
13 ///
14 ///
15 ///
16 ///
17 ///
18 ///
19 ///
20 ///
21 ///
22 ///
23 ///
24 ///
25 ///
26 ///
27 ///
28 ///
G-145425-A1
13 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
51 Section 5, Item F.

DocuSign Envelope ID: B5722725-E0D8-4E6A-B5E4-AAE3178441C4 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement 2 to be executed as of the day and year first hereinabove written. 3 4

PARTICIPANT DISTRICT
5 City of Kerman
6 7
John Jansons
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
San Joaquin Valley Air Pollution
Control District
Samir Sheikh
Executive Director/APCO
Approved as to legal form:

San Joaquin Valley Unified Air Pollution
Control District
Annette A. Ballatore
District Counsel
Approved as to accounting form:

San Joaquin Valley Unified Air Pollution
Control District
Ryan Buchanan
Director of Administrative Services
For accounting use only:

Program:

Account No.:

G-145425-A1
14 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
52 Section 5, Item F.

DocuSign Envelope ID: B5722725-E0D8-4E6A-B5E4-AAE3178441C4 City of Kerman

SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT
Public Benefit Grants Program
New Alternative Fuel Vehicle Purchase Component
Application Number: G-145425
Vehicle Make: Ford
Vehicle Model: InterceptorUtility HEV
Vehicle Model Year: 2023
Vehicle Type: Hybrid
Maximum Eligible Amount: $20,000.00
Exhibit A 53
Section 5, Item F.

DocuSign Envelope ID: F6145E0C-2038-4BD5-BA8E-256E436BE371 ‘Exhibit B’
1 Agreement No. G-145426-A1
2 SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 3 PUBLIC BENEFIT GRANTS PROGRAM
4 FUNDING AGREEMENT
5 (New Alternative Fuel Vehicle Purchase)
6 This Agreement is made and entered into this day of
7 _, , by and between the SAN JOAQUIN VALLEY UNIFIED AIR 8 POLLUTION CONTROL DISTRICT, a unified air pollution control district formed 9 pursuant to California Health and Safety Code section 40150 et seq. (District), and City 10 of Kerman (Participant).
11 WITNESSETH:
12 WHEREAS, the California Clean Air Act (CCAA) requires local air 13 pollution control districts to reduce emissions from motor vehicles; 14 WHEREAS, AB 2766, AB 923, SB 709, and AB 2522 authorize districts 15 to impose fees upon certain registered motor vehicles within the district, and the 16 governing board of the District has imposed said fees; 17 WHEREAS, said legislation requires District to use said funds for activities 18 related to reduce air pollution from motor vehicles and for related planning, monitoring, 19 enforcement, and technical studies necessary for the implementation of the California 20 Clean Air Act of 1988; and
21 WHEREAS, the District has developed other funding mechanisms in 22 order to provide grant monies for its incentive programs; and 23 WHEREAS, on August 11, 2011, the District began accepting applications 24 to approve for funding those projects deemed to be most suitable for vehicle license 25 fees and other funding; and
26 WHEREAS, Participant has proposed a project that meets the eligibility 27 criteria of the Public Benefit Grants Program, New Alternative Fuel Vehicle Purchase 28 Component and has been approved by the District for funding; and G-145426-A1
1 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
54 Section 5, Item F.

DocuSign Envelope ID: F6145E0C-2038-4BD5-BA8E-256E436BE371 1 WHEREAS, Participant represents that it is willing and able to perform the 2 activities set forth herein.
3 NOW, THEREFORE, based on their mutual promises, covenants, and 4 conditions, the parties hereby agree as follows:
5 1. PROJECT
6 The Participant agrees to purchase and place into service the type and 7 number of new alternative fuel vehicle(s) as set forth in the application attached hereto 8 and incorporated herein as Exhibit A. Participant agrees, that at the date of execution 9 of this Agreement, Participant has not yet purchased or taken possession of said 10 vehicle(s) and agrees to furnish all labor, materials, equipment, licenses, permits, fees, 11 and other incidentals necessary to perform and complete, per schedule, in a 12 professional manner, the requirements described herein. Participant agrees and 13 represents that purchase of the specified vehicle(s) subject of this Agreement is/are not 14 required by or to be used for compliance with any local, state, or federal rule or 15 regulation, settlement agreement, mitigation agreement, memorandum of 16 understanding (MOU), memorandum of agreement (MOA), or other legal mandate 17 currently in effect. Participant waives all rights to any emission reduction credits that 18 may accrue as a result of purchase of the specified vehicle(s). 19 In the event of any conflict between or among the terms and conditions of 20 this Agreement and the exhibit incorporated herein, such conflict shall be resolved by 21 giving precedence in the following order of priority:
22 1. To the text of thisAgreement
23 2. Exhibit to thisAgreement
24 2. TIMETABLE/PERIOD OF PERFORMANCE
25 Participant shall purchase and place the new alternative fuelvehicle(s) 26 into service, and submit all final claims as outlined in Paragraph 3, no later than one 27 (1) year from the execution date of this Agreement. If the Participant cannot meet 28 the project timetable as set forth herein, the Participant must notify the District in writing G-145426-A1
2 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
55 Section 5, Item F.

DocuSign Envelope ID: F6145E0C-2038-4BD5-BA8E-256E436BE371 1 and request to amend the Agreement to provide the Participant additional time to meet 2 all performance requirements under the Agreement. Such request is subject to review 3 and approval by the District. Participant agrees to amend the Agreement as necessary, 4 if requested by the District, to ensure the project is completed within the timetable 5 approved by the District.
6 A. Agreement Period: The Participant shall own and operate the new 7 alternative fuel vehicle(s) purchased under this Agreement according to the terms of 8 this Agreement for no less than three (3) years from the date in which the vehicle(s) 9 is/are first placed into service.
10 3. COMPENSATION
11 The total obligation of the District under this Agreement shall not exceed 12 Twenty Thousand And 00/100 dollars ($20,000.00) for the purchase of the new 13 alternative fuel vehicle(s) identified in Exhibit A. The maximum funding provided per 14 vehicle is limited to the corresponding Eligible Amount identified in Exhibit A. 15 Participant shall obtain through other sources sufficient additional monies 16 to fund the total cost of the vehicle(s) as outlined in Exhibit A. In the event funding from 17 other sources for the total cost of the vehicle(s) is not received by Participant, District 18 reserves the right to terminate or re-negotiate this Agreement. 19 A. Payments: Advance payments shall not be permitted. The District 20 shall issue payment to Participant upon receipt of a properly supported and verified 21 claim for payment as specified in the Public Benefit Grants Program, New Alternative 22 Fuel Vehicle Purchase Component payment procedures document. The payment 23 procedures document shall be provided to Participant by the District. Payment is for 24 reimbursement to the Participant for the purchase of new alternative fuel vehicle(s) and 25 funding shall only be allowed toward the purchase of the specific vehicle(s) described 26 in Exhibit A. The District reserves the right to reduce the funding paid to the Participant 27 if it is determined that the actual invoiced costs paid by the Participant for the purchase 28 of the new vehicle(s) is/are less than the Total Eligible Amount specified in Exhibit A.

G-145426-A1
3 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
56 Section 5, Item F.

DocuSign Envelope ID: F6145E0C-2038-4BD5-BA8E-256E436BE371 1 The District also reserves the right to reduce the funding if the Participant receives or 2 will receive co-funding from a third party that, in addition to the District’s funding, 3 exceeds the total invoiced cost(s) of the new alternative fuel vehicle(s) purchased under 4 this Agreement. Participant is required to disclose all such information to the District 5 prior to the execution date of this Agreement. The Participant will not be reimbursed by 6 the District for the purchase of the new alternative fuel vehicle(s) if the Participant has 7 purchased or taken possession of the said new vehicle(s) prior to the execution date of 8 this Agreement.
9 Concurrently with the submission of any claim for payment, Participant 10 shall certify (through copies of invoices issued, checks, receipts, and the like) that 11 complete payment has been made or invoiced. Participant understands that any 12 payment received from the District to fund the vehicle(s) in this Agreement may be 13 subject to taxation and the District will issue a form 1099 to the Participant. Any tax 14 liability on the funds provided by the District shall be the sole responsibility of the 15 Participant.
16 B. Surplus Funds: Any compensation, which is not expended by 17 Participant pursuant to the terms and conditions of this Agreement by the project 18 completion date, shall automatically revert to District. Only expenditures incurred by 19 Participant in the direct performance of this Agreement will be reimbursed by District. 20 4. NON-ALLOCATION OF FUNDS
21 The terms of this Agreement are contingent on the approval and receipt 22 of funds by the appropriating government agency. Should sufficient funds not be 23 allocated, the services provided may be modified or this Agreement terminated at any 24 time by giving Participant thirty (30) days’ prior written notice. 25 5. ANNUAL REPORTING
26 Participant shall submit annual reports on the vehicle(s) that include the 27 following information:
28 1. Participant contactinformation;
G-145426-A1
4 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
57 Section 5, Item F.

DocuSign Envelope ID: F6145E0C-2038-4BD5-BA8E-256E436BE371 1 2. Proof of current California registration for the new alternative 2 fuel vehicle(s);
3 3. Proof of insurance as required by paragraph11.
4 4. Annual miles or hours traveled (including mileage/activity or 5 hour/activity logs for documentation);
6 5. Summary of maintenanceperformed;
7 6. Any other pertinent information requested by the District on a 8 form to be provided to the Participant by the District. 9 Annual reporting will be required for three (3) subsequent years following 10 the purchase of the new alternative fuel vehicle(s). The first year annual report is due 11 on the anniversary date of when the new alternative fuel vehicle(s) was/were first placed 12 into service and for each ensuing year thereafter. Noncompliance with the reporting 13 requirements shall result in on-site monitoring by District personnel and will impact the 14 Participant’s ability to receive funding from the District for future projects. Participants 15 with annual reports more than six (6) months late will not be granted any additional grant 16 funds from the District until all reports are satisfactorily submitted. 17 The District or representative designated by the District reserves the right 18 to monitor the vehicle(s), enforce the terms of this Agreement at any time during the 19 Agreement Period specified in subparagraph 2.A, and pursue repayment of funds for 20 non-compliance within the terms and conditions of this Agreement or applicable state 21 laws or regulations.
22 6. TERMINATION
23 A. Breach of Agreement: District may immediately suspend or 24 terminate this Agreement, in whole or in part, where in the determination of District there 25 is:
26 1. An illegal or improper use of funds;
27 2. A failure to comply with any term of this Agreement; 28 3. A substantially incorrect or incomplete annual report submitted G-145426-A1
5 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
58 Section 5, Item F.

DocuSign Envelope ID: F6145E0C-2038-4BD5-BA8E-256E436BE371 1 to the District;
2 In no event shall any payment by District constitute a waiver by Districtof 3 any breach of this Agreement or any default, which may then exist on the part of 4 Participant. Neither shall such payment impair or prejudice any remedy available tothe 5 District with respect to the breach or default. District shall have the right to demand of 6 Participant the repayment to the District of any funds disbursed to Participant under this 7 Agreement which in the judgment of District were not expended in accordance with the 8 terms of this Agreement. Participant shall promptly refund any such funds upon 9 demand.
10 In addition to immediate suspension or termination, District may impose 11 any other remedies available at law, in equity, or otherwise specified in this Agreement. 12 The District may prohibit Participant from participating in all other District and State grant 13 programs in the future.
14 B. Without Cause: Either party may terminate this Agreement atany 15 time upon giving the other party at least thirty (30) days’ advance written notice of 16 intention to terminate. The District shall have the right to demand prompt repayment of 17 a portion or all monies expended under this Agreement as provided in paragraph 3 if 18 the Participant does not meet all obligations under this Agreement upon such 19 termination.
20 7. MODIFICATION
21 Any matters of this Agreement may be modified from time to time by the 22 written consent of all the parties without in any way affecting the remainder. 23 8. INDEPENDENT CONTRACTOR
24 In performance of the work, duties, and obligations assumed by 25 Participant (also referred to in this section as ‘Contractor’) under this Agreement, it is 26 mutually understood and agreed that Contractor, including any and all of Contractor’s 27 officers, agents, and employees, will at all times be acting and performing as an 28 independent contractor and shall act in an independent capacity and not as an officer, G-145426-A1
6 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
59 Section 5, Item F.

DocuSign Envelope ID: F6145E0C-2038-4BD5-BA8E-256E436BE371 1 agent, servant, employee, joint venture, partner, or associate of District or ARB. 2 Furthermore, District shall have no right to control or supervise or direct the manner or 3 method by which Contractor shall perform its work and function. However, District shall 4 retain the right to administer this Agreement so as to verify that Contractor is performing 5 its obligations in accordance to the terms and conditions thereof. Contractor and District 6 shall comply with all applicable provisions of law and the rules and regulations, if any, 7 of governmental authorities having jurisdiction over matters the subject thereof. 8 Because of its status as an independent contractor, Contractor shall have 9 absolutely no right to employment rights and benefits available to District employees. 10 Contractor shall be solely liable and responsible for providing to, or on behalf of, itself 11 all legally required employee benefits. In addition, Contractor shall be solely responsible 12 and save District harmless from all matters relating to payment of Contractor’s 13 employees, including compliance with social security, withholding, and all other 14 regulations governing such matters. It is acknowledged that during the term of this 15 Agreement, Contractor may be providing services to others unrelated to District or to 16 this Agreement.
17 9. NON-ASSIGNMENT
18 Participant may not assign, sell, transfer, license, or subcontract any rights 19 or obligations to a third party within or outside of the District’s boundaries without the 20 express prior consent of the District for the duration of the Agreement Period specified 21 in subparagraph 2.A. If the Participant sells or transfers ownership of the vehicle(s) or 22 any portion thereof for any reason, or is required to replace the vehicle(s) with cleaner 23 vehicle(s) prior to the end of the Agreement Period, the Participant must request and 24 receive written consent from the District prior to selling or transferring ownership of the 25 vehicle(s) or any portion thereof.
26 Prior to completing the transaction, the Participant understands that it is 27 responsible to inform the party purchasing the vehicle(s) of the Agreement provisions 28 and disclose the remaining Agreement term. The Participant shall be responsible for G-145426-A1
7 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
60 Section 5, Item F.

DocuSign Envelope ID: F6145E0C-2038-4BD5-BA8E-256E436BE371 1 establishing an agreement between the new owner and District in order to facilitate the 2 transfer of the Agreement provisions and terms. The Participant shall provide the 3 prospective new owner with valid contact information for the District so the new owner 4 can assume legal responsibility under the original Agreement or enter into a new 5 Agreement with the District, for the remainder of the Agreement Period. Participant 6 understands that they shall not be relieved of their legal obligation to fulfill the conditions 7 of this Agreement unless the new owner has assumed responsibility through an 8 executed agreement with the District.
9 10. INDEMNIFICATION
10 Participant agrees to indemnify, save, hold harmless, and at District’s 11 request, defend the District, its boards, committees, representatives, officers, agents, 12 and employees from and against any and all costs and expenses (including reasonable 13 attorneys’ fees and litigation costs), damages, liabilities, claims, and losses (whetherin 14 contract, tort, or strict liability, including, but not limited to, personal injury, death, and 15 property damage) which arise or are alleged to arise directly or indirectly from any act 16 or omission of Participant, its officers, agents, sub participants, or employees in their 17 performance of this Agreement, or out of the operations of the Participant. 18 11. INSURANCE AND VEHICLE WARRANTY
19 Participant is responsible for securing warranty and maintaining 20 replacement value insurance on the new alternative fuel vehicle(s) for the duration of 21 the Agreement Period specified in subparagraph 2.A. The new alternative fuel 22 vehicle(s) purchased through this Agreement must not be tampered with or modified in 23 any such manner than would void the warranty of the vehicle(s). Insurance coverage 24 must be sufficient to repay the District’s investment in case major damage to the new 25 alternative fuel vehicle(s) occurs during the Agreement Period. A copy of the current 26 insurance for each vehicle purchased under this Agreement is required to be submitted 27 annually with the Participant’s annual report.
28 In the event that the new alternative fuel vehicle(s) purchased under this G-145426-A1
8 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
61 Section 5, Item F.

DocuSign Envelope ID: F6145E0C-2038-4BD5-BA8E-256E436BE371 1 Agreement is/are in an accident, stolen, destroyed, or otherwise rendered temporarily 2 or permanently inoperable, the Participant must immediately inform the District of such 3 damage(s) and repair or replace the vehicles(s) within three (3) months from the date 4 of the occurrence at the Participant’s expense and to the standards which meet all 5 program requirements for the remainder of the Participant’s obligation under this 6 Agreement.
7 If the Participant repairs a vehicle rendered temporarily inoperable, said 8 repairs shall include any and all repairs necessary to restore the vehicle and any 9 optional equipment purchased under this Agreement to a reasonable condition. If the 10 Participant replaces a vehicle rendered permanently inoperable; said replacement shall 11 include an equivalent vehicle(s) that, at a minimum, meets all program eligibility 12 requirements, including emission level, Gross Vehicle Weight Rating (GVWR), etcetera. 13 As the replacement of a vehicle may require an amendment to the existing Agreement, 14 the Participant must receive prior authorization from the District in advance of any 15 purchases, and must provide any and all replacement vehicle information to the District. 16 In the event the Participant does not repair or replace vehicle(s) that 17 become inoperable to fulfill the Agreement Period specified in subparagraph 2.A, the 18 District may undertake actions pursuant to this Agreement, including recouping a 19 portion or all incentive funds provided for the vehicle(s) in question. 20 12. RECORD KEEPING
21 Participant shall maintain records sufficient to provide, on an annual basis, 22 information regarding annual mileage, fuel usage, invoices, general maintenance 23 details, correspondence associated with the application, award, agreement, monitoring, 24 enforcement, and reporting requirements and any other available information that may 25 be deemed pertinent to the evaluation of the program for at least two (2) years after the 26 equipment project term or three (3) years after final payment, whichever is later. 27 Records shall be readily available and accessible to the District, or District designated 28 representative, upon request for the purposes of ongoing evaluations or auditing.

G-145426-A1
9 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
62 Section 5, Item F.

DocuSign Envelope ID: F6145E0C-2038-4BD5-BA8E-256E436BE371 1 13. NOTICES
2 The persons and their addresses having authority to give and receive 3 notices under this Agreement are as follows:
4 PARTICIPANT DISTRICT
5 John Jansons
6 City Manager
7 850 S. Madera Ave.

Kerman, CA 93630
8 Samir Sheikh
Executive Director/APCO
1990 East Gettysburg Ave.

G-145426-A1
10 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000 63
Section 5, Item F.

DocuSign Envelope ID: F6145E0C-2038-4BD5-BA8E-256E436BE371 1 16. LOBBYING PROHIBITED
2 None of the funds provided under this Agreement shall be used for 3 publicity, lobbying, or propaganda purposes designed to support or defeat legislation 4 before the Congress of the United States of America or the Legislature of the State of 5 California.
6 17. CONFLICT OF INTEREST
7 No officer, employee, or agent of District who exercises any function or 8 responsibility for planning and carrying out the services provided under thisAgreement 9 shall have any direct or indirect personal financial interest in this Agreement. Participant 10 shall comply with all federal and state conflict of interest laws, statutes, and regulations, 11 which shall be applicable to all parties and beneficiaries under this Agreement and any 12 officer, agent, or employee of District.
13 18. GOVERNING LAW
14 This Agreement shall be governed in all respects by the laws of theState 15 of California. Venue for any action arising out of this Agreement shall only be in Fresno 16 County, California.
17 19. COMPLIANCE WITH LAWS
18 The Participant shall comply with all federal and state laws, statutes, 19 regulations, rules, and guidelines which apply to its performance under this Agreement, 20 including California driving eligibility and financial liability laws. 21 20. BINDING ON SUCCESSORS
22 This Agreement, including all covenants and conditions containedherein, 23 shall be binding upon and inure to the benefit of the parties, including their respective 24 successors-in-interest, assigns, and legal representatives. 25 21. TIME IS OF THE ESSENCE
26 It is understood that for Participant's performance under this Agreement, 27 time is of the essence. The parties reasonably anticipate that Participant will, to the 28 reasonable satisfaction of District, complete all activities provided herein within the time G-145426-A1
11 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
64 Section 5, Item F.

DocuSign Envelope ID: F6145E0C-2038-4BD5-BA8E-256E436BE371 1 schedule outlined in this Agreement, provided that Participant is not caused 2 unreasonable delay in such performance.
3 22. DATA OWNERSHIP
4 Upon termination or expiration of this Agreement, all data which is 5 received, collected, produced, or developed by Participant under this Agreement shall 6 become the exclusive property of District, provided, however, Participant shall be 7 allowed to retain a copy of any non-confidential data received, collected, produced, or 8 developed by Participant under this Agreement subject to District’s exclusive ownership 9 rights stated herein. Accordingly, Participant shall, if requested, surrender to District all 10 such data which is in its possession (including its sub participants or agents), without 11 any reservation of right or title, not otherwise enumerated herein. 12 District shall have the right at reasonable times during the term of this 13 Agreement to inspect and reproduce any data received, collected, produced, or 14 developed by Participant under this Agreement. No reports, professional papers, 15 information, inventions, improvements, discoveries, or data obtained, prepared, 16 assembled, or developed by Participant, pursuant to this Agreement, shall be released 17 or made available (except to District) without prior, express written approval of District 18 while this Agreement is in force, and except as otherwise required under the California 19 Public Records Act.
20 23. NO THIRD-PARTY BENEFICIARIES
21 Notwithstanding anything else stated to the contrary herein, it is 22 understood that Participant's services and activities under this Agreement are being 23 rendered only for the benefit of District, and no other person, firm, corporation, or entity 24 shall be deemed an intended third-party beneficiary of this Agreement. 25 24. SEVERABILITY
26 In the event that any one or more of the provisions contained in this 27 Agreement shall for any reason be held to be unenforceable in any respect by a court 28 of competent jurisdiction, such holding shall not affect any other provisions of this G-145426-A1
12 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
65 Section 5, Item F.

DocuSign Envelope ID: F6145E0C-2038-4BD5-BA8E-256E436BE371 1 Agreement, and the Agreement shall then be construed as if such unenforceable 2 provisions are not a part hereof.
3 25. ENTIRE AGREEMENT
4 This Agreement constitutes the entire agreement between Participant and 5 District with respect to the subject matter hereof and supersedes all previous 6 negotiations, proposals, commitments, writings, advertisements, publications, and 7 understandings of any nature whatsoever unless expressly included in this Agreement. 8 ///
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16 ///
17 ///
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19 ///
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28 ///
G-145426-A1
13 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
66 Section 5, Item F.

DocuSign Envelope ID: F6145E0C-2038-4BD5-BA8E-256E436BE371 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement 2 to be executed as of the day and year first hereinabove written. 3 4

PARTICIPANT DISTRICT
5 City of Kerman
6 7
John Jansons
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 San Joaquin Valley Air Pollution
Control District
Samir Sheikh
Executive Director/APCO
Approved as to legal form:

San Joaquin Valley Unified Air Pollution
Control District
Annette A. Ballatore
District Counsel
Approved as to accounting form:

San Joaquin Valley Unified Air Pollution
Control District
Ryan Buchanan
Director of Administrative Services
For accounting use only:

Program:

Account No.:

G-145426-A1
14 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
67 Section 5, Item F.

DocuSign Envelope ID: F6145E0C-2038-4BD5-BA8E-256E436BE371 City of Kerman

SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT
Public Benefit Grants Program
New Alternative Fuel Vehicle Purchase Component
Application Number: G-145426
Vehicle Make: Ford
Vehicle Model: InterceptorUtility HEV
Vehicle Model Year: 2023
Vehicle Type: Hybrid
Maximum Eligible Amount: $20,000.00
Exhibit A 68
Section 5, Item F.

DocuSign Envelope ID: B4048663-DF3A-432F-A6D4-C86462BFA1E3 ‘Exhibit C’
1 Agreement No. G-145427-A1
2 SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 3 PUBLIC BENEFIT GRANTS PROGRAM
4 FUNDING AGREEMENT
5 (New Alternative Fuel Vehicle Purchase)
6 This Agreement is made and entered into this day of
7 _, , by and between the SAN JOAQUIN VALLEY UNIFIED AIR 8 POLLUTION CONTROL DISTRICT, a unified air pollution control district formed 9 pursuant to California Health and Safety Code section 40150 et seq. (District), and City 10 of Kerman (Participant).
11 WITNESSETH:
12 WHEREAS, the California Clean Air Act (CCAA) requires local air 13 pollution control districts to reduce emissions from motor vehicles; 14 WHEREAS, AB 2766, AB 923, SB 709, and AB 2522 authorize districts 15 to impose fees upon certain registered motor vehicles within the district, and the 16 governing board of the District has imposed said fees; 17 WHEREAS, said legislation requires District to use said funds for activities 18 related to reduce air pollution from motor vehicles and for related planning, monitoring, 19 enforcement, and technical studies necessary for the implementation of the California 20 Clean Air Act of 1988; and
21 WHEREAS, the District has developed other funding mechanisms in 22 order to provide grant monies for its incentive programs; and 23 WHEREAS, on August 11, 2011, the District began accepting applications 24 to approve for funding those projects deemed to be most suitable for vehicle license 25 fees and other funding; and
26 WHEREAS, Participant has proposed a project that meets the eligibility 27 criteria of the Public Benefit Grants Program, New Alternative Fuel Vehicle Purchase 28 Component and has been approved by the District for funding; and G-145427-A1
1 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
69 Section 5, Item F.

DocuSign Envelope ID: B4048663-DF3A-432F-A6D4-C86462BFA1E3 1 WHEREAS, Participant represents that it is willing and able to perform the 2 activities set forth herein.
3 NOW, THEREFORE, based on their mutual promises, covenants, and 4 conditions, the parties hereby agree as follows:
5 1. PROJECT
6 The Participant agrees to purchase and place into service the type and 7 number of new alternative fuel vehicle(s) as set forth in the application attached hereto 8 and incorporated herein as Exhibit A. Participant agrees, that at the date of execution 9 of this Agreement, Participant has not yet purchased or taken possession of said 10 vehicle(s) and agrees to furnish all labor, materials, equipment, licenses, permits, fees, 11 and other incidentals necessary to perform and complete, per schedule, in a 12 professional manner, the requirements described herein. Participant agrees and 13 represents that purchase of the specified vehicle(s) subject of this Agreement is/are not 14 required by or to be used for compliance with any local, state, or federal rule or 15 regulation, settlement agreement, mitigation agreement, memorandum of 16 understanding (MOU), memorandum of agreement (MOA), or other legal mandate 17 currently in effect. Participant waives all rights to any emission reduction credits that 18 may accrue as a result of purchase of the specified vehicle(s). 19 In the event of any conflict between or among the terms and conditions of 20 this Agreement and the exhibit incorporated herein, such conflict shall be resolved by 21 giving precedence in the following order of priority:
22 1. To the text of thisAgreement
23 2. Exhibit to thisAgreement
24 2. TIMETABLE/PERIOD OF PERFORMANCE
25 Participant shall purchase and place the new alternative fuel vehicle(s) 26 into service, and submit all final claims as outlined in Paragraph 3, no later than one 27 (1) year from the execution date of this Agreement. If the Participant cannot meet 28 the project timetable as set forth herein, the Participant must notify the District in writing G-145427-A1
2 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
70 Section 5, Item F.

DocuSign Envelope ID: B4048663-DF3A-432F-A6D4-C86462BFA1E3 1 and request to amend the Agreement to provide the Participant additional time to meet 2 all performance requirements under the Agreement. Such request is subject to review 3 and approval by the District. Participant agrees to amend the Agreement as necessary, 4 if requested by the District, to ensure the project is completed within the timetable 5 approved by the District.
6 A. Agreement Period: The Participant shall own and operate the new 7 alternative fuel vehicle(s) purchased under this Agreement according to the terms of 8 this Agreement for no less than three (3) years from the date in which the vehicle(s) 9 is/are first placed into service.
10 3. COMPENSATION
11 The total obligation of the District under this Agreement shall not exceed 12 Twenty Thousand And 00/100 dollars ($20,000.00) for the purchase of the new 13 alternative fuel vehicle(s) identified in Exhibit A. The maximum funding provided per 14 vehicle is limited to the corresponding Eligible Amount identified in Exhibit A. 15 Participant shall obtain through other sources sufficient additional monies 16 to fund the total cost of the vehicle(s) as outlined in Exhibit A. In the event funding from 17 other sources for the total cost of the vehicle(s) is not received by Participant, District 18 reserves the right to terminate or re-negotiate this Agreement. 19 A. Payments: Advance payments shall not be permitted. The District 20 shall issue payment to Participant upon receipt of a properly supported and verified 21 claim for payment as specified in the Public Benefit Grants Program, New Alternative 22 Fuel Vehicle Purchase Component payment procedures document. The payment 23 procedures document shall be provided to Participant by the District. Payment is for 24 reimbursement to the Participant for the purchase of new alternative fuel vehicle(s) and 25 funding shall only be allowed toward the purchase of the specific vehicle(s) described 26 in Exhibit A. The District reserves the right to reduce the funding paid to the Participant 27 if it is determined that the actual invoiced costs paid by the Participant for the purchase 28 of the new vehicle(s) is/are less than the Total Eligible Amount specified in Exhibit A.

G-145427-A1
3 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
71 Section 5, Item F.

DocuSign Envelope ID: B4048663-DF3A-432F-A6D4-C86462BFA1E3 1 The District also reserves the right to reduce the funding if the Participant receives or 2 will receive co-funding from a third party that, in addition to the District’s funding, 3 exceeds the total invoiced cost(s) of the new alternative fuel vehicle(s) purchased under 4 this Agreement. Participant is required to disclose all such information to the District 5 prior to the execution date of this Agreement. The Participant will not be reimbursed by 6 the District for the purchase of the new alternative fuel vehicle(s) if the Participant has 7 purchased or taken possession of the said new vehicle(s) prior to the execution date of 8 this Agreement.
9 Concurrently with the submission of any claim for payment, Participant 10 shall certify (through copies of invoices issued, checks, receipts, and the like) that 11 complete payment has been made or invoiced. Participant understands that any 12 payment received from the District to fund the vehicle(s) in this Agreement may be 13 subject to taxation and the District will issue a form 1099 to the Participant. Any tax 14 liability on the funds provided by the District shall be the sole responsibility of the 15 Participant.
16 B. Surplus Funds: Any compensation, which is not expended by 17 Participant pursuant to the terms and conditions of this Agreement by the project 18 completion date, shall automatically revert to District. Only expenditures incurred by 19 Participant in the direct performance of this Agreement will be reimbursed by District. 20 4. NON-ALLOCATION OF FUNDS
21 The terms of this Agreement are contingent on the approval and receipt 22 of funds by the appropriating government agency. Should sufficient funds not be 23 allocated, the services provided may be modified or this Agreement terminated at any 24 time by giving Participant thirty (30) days’ prior written notice. 25 5. ANNUAL REPORTING
26 Participant shall submit annual reports on the vehicle(s) that include the 27 following information:
28 1. Participant contactinformation;
G-145427-A1
4 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
72 Section 5, Item F.

DocuSign Envelope ID: B4048663-DF3A-432F-A6D4-C86462BFA1E3 1 2. Proof of current California registration for the new alternative 2 fuel vehicle(s);
3 3. Proof of insurance as required by paragraph11.
4 4. Annual miles or hours traveled (including mileage/activity or 5 hour/activity logs for documentation);
6 5. Summary of maintenanceperformed;
7 6. Any other pertinent information requested by the District on a 8 form to be provided to the Participant by the District. 9 Annual reporting will be required for three (3) subsequent years following 10 the purchase of the new alternative fuel vehicle(s). The first year annual report is due 11 on the anniversary date of when the new alternative fuel vehicle(s) was/were first placed 12 into service and for each ensuing year thereafter. Noncompliance with the reporting 13 requirements shall result in on-site monitoring by District personnel and will impact the 14 Participant’s ability to receive funding from the District for future projects. Participants 15 with annual reports more than six (6) months late will not be granted any additional grant 16 funds from the District until all reports are satisfactorily submitted. 17 The District or representative designated by the District reserves the right 18 to monitor the vehicle(s), enforce the terms of this Agreement at any time during the 19 Agreement Period specified in subparagraph 2.A, and pursue repayment of funds for 20 non-compliance within the terms and conditions of this Agreement or applicable state 21 laws or regulations.
22 6. TERMINATION
23 A. Breach of Agreement: District may immediately suspend or 24 terminate this Agreement, in whole or in part, where in the determination of District there 25 is:
26 1. An illegal or improper use of funds;
27 2. A failure to comply with any term of this Agreement; 28 3. A substantially incorrect or incomplete annual report submitted G-145427-A1
5 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
73 Section 5, Item F.

DocuSign Envelope ID: B4048663-DF3A-432F-A6D4-C86462BFA1E3 1 to the District;
2 In no event shall any payment by District constitute a waiver by Districtof 3 any breach of this Agreement or any default, which may then exist on the part of 4 Participant. Neither shall such payment impair or prejudice any remedy available tothe 5 District with respect to the breach or default. District shall have the right to demand of 6 Participant the repayment to the District of any funds disbursed to Participant under this 7 Agreement which in the judgment of District were not expended in accordance with the 8 terms of this Agreement. Participant shall promptly refund any such funds upon 9 demand.
10 In addition to immediate suspension or termination, District may impose 11 any other remedies available at law, in equity, or otherwise specified in this Agreement. 12 The District may prohibit Participant from participating in all other District and State grant 13 programs in the future.
14 B. Without Cause: Either party may terminate this Agreement atany 15 time upon giving the other party at least thirty (30) days’ advance written notice of 16 intention to terminate. The District shall have the right to demand prompt repayment of 17 a portion or all monies expended under this Agreement as provided in paragraph 3 if 18 the Participant does not meet all obligations under this Agreement upon such 19 termination.
20 7. MODIFICATION
21 Any matters of this Agreement may be modified from time to time by the 22 written consent of all the parties without in any way affecting the remainder. 23 8. INDEPENDENT CONTRACTOR
24 In performance of the work, duties, and obligations assumed by 25 Participant (also referred to in this section as ‘Contractor’) under this Agreement, it is 26 mutually understood and agreed that Contractor, including any and all of Contractor’s 27 officers, agents, and employees, will at all times be acting and performing as an 28 independent contractor and shall act in an independent capacity and not as an officer, G-145427-A1
6 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
74 Section 5, Item F.

DocuSign Envelope ID: B4048663-DF3A-432F-A6D4-C86462BFA1E3 1 agent, servant, employee, joint venture, partner, or associate of District or ARB. 2 Furthermore, District shall have no right to control or supervise or direct the manner or 3 method by which Contractor shall perform its work and function. However, District shall 4 retain the right to administer this Agreement so as to verify that Contractor is performing 5 its obligations in accordance to the terms and conditions thereof. Contractor and District 6 shall comply with all applicable provisions of law and the rules and regulations, if any, 7 of governmental authorities having jurisdiction over matters the subject thereof. 8 Because of its status as an independent contractor, Contractor shall have 9 absolutely no right to employment rights and benefits available to District employees. 10 Contractor shall be solely liable and responsible for providing to, or on behalf of, itself 11 all legally required employee benefits. In addition, Contractor shall be solely responsible 12 and save District harmless from all matters relating to payment of Contractor’s 13 employees, including compliance with social security, withholding, and all other 14 regulations governing such matters. It is acknowledged that during the term of this 15 Agreement, Contractor may be providing services to others unrelated to District or to 16 this Agreement.
17 9. NON-ASSIGNMENT
18 Participant may not assign, sell, transfer, license, or subcontract any rights 19 or obligations to a third party within or outside of the District’s boundaries without the 20 express prior consent of the District for the duration of the Agreement Period specified 21 in subparagraph 2.A. If the Participant sells or transfers ownership of the vehicle(s) or 22 any portion thereof for any reason, or is required to replace the vehicle(s) with cleaner 23 vehicle(s) prior to the end of the Agreement Period, the Participant must request and 24 receive written consent from the District prior to selling or transferring ownership of the 25 vehicle(s) or any portion thereof.
26 Prior to completing the transaction, the Participant understands that it is 27 responsible to inform the party purchasing the vehicle(s) of the Agreement provisions 28 and disclose the remaining Agreement term. The Participant shall be responsible for G-145427-A1
7 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
75 Section 5, Item F.

DocuSign Envelope ID: B4048663-DF3A-432F-A6D4-C86462BFA1E3 1 establishing an agreement between the new owner and District in order to facilitate the 2 transfer of the Agreement provisions and terms. The Participant shall provide the 3 prospective new owner with valid contact information for the District so the new owner 4 can assume legal responsibility under the original Agreement or enter into a new 5 Agreement with the District, for the remainder of the Agreement Period. Participant 6 understands that they shall not be relieved of their legal obligation to fulfill the conditions 7 of this Agreement unless the new owner has assumed responsibility through an 8 executed agreement with the District.
9 10. INDEMNIFICATION
10 Participant agrees to indemnify, save, hold harmless, and at District’s 11 request, defend the District, its boards, committees, representatives, officers, agents, 12 and employees from and against any and all costs and expenses (including reasonable 13 attorneys’ fees and litigation costs), damages, liabilities, claims, and losses (whetherin 14 contract, tort, or strict liability, including, but not limited to, personal injury, death, and 15 property damage) which arise or are alleged to arise directly or indirectly from any act 16 or omission of Participant, its officers, agents, sub participants, or employees in their 17 performance of this Agreement, or out of the operations of the Participant. 18 11. INSURANCE AND VEHICLE WARRANTY
19 Participant is responsible for securing warranty and maintaining 20 replacement value insurance on the new alternative fuel vehicle(s) for the duration of 21 the Agreement Period specified in subparagraph 2.A. The new alternative fuel 22 vehicle(s) purchased through this Agreement must not be tampered with or modified in 23 any such manner than would void the warranty of the vehicle(s). Insurance coverage 24 must be sufficient to repay the District’s investment in case major damage to the new 25 alternative fuel vehicle(s) occurs during the Agreement Period. A copy of the current 26 insurance for each vehicle purchased under this Agreement is required to be submitted 27 annually with the Participant’s annual report.
28 In the event that the new alternative fuel vehicle(s) purchased under this G-145427-A1
8 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
76 Section 5, Item F.

DocuSign Envelope ID: B4048663-DF3A-432F-A6D4-C86462BFA1E3 1 Agreement is/are in an accident, stolen, destroyed, or otherwise rendered temporarily 2 or permanently inoperable, the Participant must immediately inform the District of such 3 damage(s) and repair or replace the vehicles(s) within three (3) months from the date 4 of the occurrence at the Participant’s expense and to the standards which meet all 5 program requirements for the remainder of the Participant’s obligation under this 6 Agreement.
7 If the Participant repairs a vehicle rendered temporarily inoperable, said 8 repairs shall include any and all repairs necessary to restore the vehicle and any 9 optional equipment purchased under this Agreement to a reasonable condition. If the 10 Participant replaces a vehicle rendered permanently inoperable; said replacement shall 11 include an equivalent vehicle(s) that, at a minimum, meets all program eligibility 12 requirements, including emission level, Gross Vehicle Weight Rating (GVWR), etcetera. 13 As the replacement of a vehicle may require an amendment to the existing Agreement, 14 the Participant must receive prior authorization from the District in advance of any 15 purchases, and must provide any and all replacement vehicle information to the District. 16 In the event the Participant does not repair or replace vehicle(s) that 17 become inoperable to fulfill the Agreement Period specified in subparagraph 2.A, the 18 District may undertake actions pursuant to this Agreement, including recouping a 19 portion or all incentive funds provided for the vehicle(s) in question. 20 12. RECORD KEEPING
21 Participant shall maintain records sufficient to provide, on an annual basis, 22 information regarding annual mileage, fuel usage, invoices, general maintenance 23 details, correspondence associated with the application, award, agreement, monitoring, 24 enforcement, and reporting requirements and any other available information that may 25 be deemed pertinent to the evaluation of the program for at least two (2) years after the 26 equipment project term or three (3) years after final payment, whichever is later. 27 Records shall be readily available and accessible to the District, or District designated 28 representative, upon request for the purposes of ongoing evaluations or auditing.

G-145427-A1
9 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
77 Section 5, Item F.

DocuSign Envelope ID: B4048663-DF3A-432F-A6D4-C86462BFA1E3 1 13. NOTICES
2 The persons and their addresses having authority to give and receive 3 notices under this Agreement are as follows:
4 PARTICIPANT DISTRICT
5 John Jansons
6 City Manager
7 850 S. Madera Ave.

Kerman, CA 93630
8 Samir Sheikh
Executive Director/APCO
1990 East Gettysburg Ave.

G-145427-A1
10 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000 78
Section 5, Item F.

DocuSign Envelope ID: B4048663-DF3A-432F-A6D4-C86462BFA1E3 1 16. LOBBYING PROHIBITED
2 None of the funds provided under this Agreement shall be used for 3 publicity, lobbying, or propaganda purposes designed to support or defeat legislation 4 before the Congress of the United States of America or the Legislature of the State of 5 California.
6 17. CONFLICT OF INTEREST
7 No officer, employee, or agent of District who exercises any function or 8 responsibility for planning and carrying out the services provided under thisAgreement 9 shall have any direct or indirect personal financial interest in this Agreement. Participant 10 shall comply with all federal and state conflict of interest laws, statutes, and regulations, 11 which shall be applicable to all parties and beneficiaries under this Agreement and any 12 officer, agent, or employee of District.
13 18. GOVERNING LAW
14 This Agreement shall be governed in all respects by the laws of theState 15 of California. Venue for any action arising out of this Agreement shall only be in Fresno 16 County, California.
17 19. COMPLIANCE WITH LAWS
18 The Participant shall comply with all federal and state laws, statutes, 19 regulations, rules, and guidelines which apply to its performance under this Agreement, 20 including California driving eligibility and financial liability laws. 21 20. BINDING ON SUCCESSORS
22 This Agreement, including all covenants and conditions containedherein, 23 shall be binding upon and inure to the benefit of the parties, including their respective 24 successors-in-interest, assigns, and legal representatives. 25 21. TIME IS OF THE ESSENCE
26 It is understood that for Participant's performance under this Agreement, 27 time is of the essence. The parties reasonably anticipate that Participant will, to the 28 reasonable satisfaction of District, complete all activities provided herein within the time G-145427-A1
11 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
79 Section 5, Item F.

DocuSign Envelope ID: B4048663-DF3A-432F-A6D4-C86462BFA1E3 1 schedule outlined in this Agreement, provided that Participant is not caused 2 unreasonable delay in such performance.
3 22. DATA OWNERSHIP
4 Upon termination or expiration of this Agreement, all data which is 5 received, collected, produced, or developed by Participant under this Agreement shall 6 become the exclusive property of District, provided, however, Participant shall be 7 allowed to retain a copy of any non-confidential data received, collected, produced, or 8 developed by Participant under this Agreement subject to District’s exclusive ownership 9 rights stated herein. Accordingly, Participant shall, if requested, surrender to District all 10 such data which is in its possession (including its sub participants or agents), without 11 any reservation of right or title, not otherwise enumerated herein. 12 District shall have the right at reasonable times during the term of this 13 Agreement to inspect and reproduce any data received, collected, produced, or 14 developed by Participant under this Agreement. No reports, professional papers, 15 information, inventions, improvements, discoveries, or data obtained, prepared, 16 assembled, or developed by Participant, pursuant to this Agreement, shall be released 17 or made available (except to District) without prior, express written approval of District 18 while this Agreement is in force, and except as otherwise required under the California 19 Public Records Act.
20 23. NO THIRD-PARTY BENEFICIARIES
21 Notwithstanding anything else stated to the contrary herein, it is 22 understood that Participant's services and activities under this Agreement are being 23 rendered only for the benefit of District, and no other person, firm, corporation, or entity 24 shall be deemed an intended third-party beneficiary of this Agreement. 25 24. SEVERABILITY
26 In the event that any one or more of the provisions contained in this 27 Agreement shall for any reason be held to be unenforceable in any respect by a court 28 of competent jurisdiction, such holding shall not affect any other provisions of this G-145427-A1
12 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
80 Section 5, Item F.

DocuSign Envelope ID: B4048663-DF3A-432F-A6D4-C86462BFA1E3 1 Agreement, and the Agreement shall then be construed as if such unenforceable 2 provisions are not a part hereof.
3 25. ENTIRE AGREEMENT
4 This Agreement constitutes the entire agreement between Participant and 5 District with respect to the subject matter hereof and supersedes all previous 6 negotiations, proposals, commitments, writings, advertisements, publications, and 7 understandings of any nature whatsoever unless expressly included in this Agreement. 8 ///
9 ///
10 ///
11 ///
12 ///
13 ///
14 ///
15 ///
16 ///
17 ///
18 ///
19 ///
20 ///
21 ///
22 ///
23 ///
24 ///
25 ///
26 ///
27 ///
28 ///
G-145427-A1
13 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
81 Section 5, Item F.

DocuSign Envelope ID: B4048663-DF3A-432F-A6D4-C86462BFA1E3 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement 2 to be executed as of the day and year first hereinabove written. 3 4

San Joaquin Valley Unified Air Pollution
Control District
Annette A. Ballatore
District Counsel
Approved as to accounting form:

San Joaquin Valley Unified Air Pollution
Control District
Ryan Buchanan
Director of Administrative Services
For accounting use only:

Program:

Account No.:

G-145427-A1
14 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
82 Section 5, Item F.

DocuSign Envelope ID: B4048663-DF3A-432F-A6D4-C86462BFA1E3 City of Kerman

SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT
Public Benefit Grants Program
New Alternative Fuel Vehicle Purchase Component
Application Number: G-145427
Vehicle Make: Ford
Vehicle Model: InterceptorUtility HEV
Vehicle Model Year: 2023
Vehicle Type: Hybrid
Maximum Eligible Amount: $20,000.00
Exhibit A 83
Section 5, Item F.

DocuSign Envelope ID: 0CB6360D-1B82-43B8-BD2A-97E8BCC3E36F ‘Exhibit D’
1 Agreement No. G-145428-A1
2 SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 3 PUBLIC BENEFIT GRANTS PROGRAM
4 FUNDING AGREEMENT
5 (New Alternative Fuel Vehicle Purchase)
6 This Agreement is made and entered into this day of
7 _, , by and between the SAN JOAQUIN VALLEY UNIFIED AIR 8 POLLUTION CONTROL DISTRICT, a unified air pollution control district formed 9 pursuant to California Health and Safety Code section 40150 et seq. (District), and City 10 of Kerman (Participant).
11 WITNESSETH:
12 WHEREAS, the California Clean Air Act (CCAA) requires local air 13 pollution control districts to reduce emissions from motor vehicles; 14 WHEREAS, AB 2766, AB 923, SB 709, and AB 2522 authorize districts 15 to impose fees upon certain registered motor vehicles within the district, and the 16 governing board of the District has imposed said fees; 17 WHEREAS, said legislation requires District to use said funds for activities 18 related to reduce air pollution from motor vehicles and for related planning, monitoring, 19 enforcement, and technical studies necessary for the implementation of the California 20 Clean Air Act of 1988; and
21 WHEREAS, the District has developed other funding mechanisms in 22 order to provide grant monies for its incentive programs; and 23 WHEREAS, on August 11, 2011, the District began accepting applications 24 to approve for funding those projects deemed to be most suitable for vehicle license 25 fees and other funding; and
26 WHEREAS, Participant has proposed a project that meets the eligibility 27 criteria of the Public Benefit Grants Program, New Alternative Fuel Vehicle Purchase 28 Component and has been approved by the District for funding; and G-145428-A1
1 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
84 Section 5, Item F.

DocuSign Envelope ID: 0CB6360D-1B82-43B8-BD2A-97E8BCC3E36F 1 WHEREAS, Participant represents that it is willing and able to perform the 2 activities set forth herein.
3 NOW, THEREFORE, based on their mutual promises, covenants, and 4 conditions, the parties hereby agree as follows:
5 1. PROJECT
6 The Participant agrees to purchase and place into service the type and 7 number of new alternative fuel vehicle(s) as set forth in the application attached hereto 8 and incorporated herein as Exhibit A. Participant agrees, that at the date of execution 9 of this Agreement, Participant has not yet purchased or taken possession of said 10 vehicle(s) and agrees to furnish all labor, materials, equipment, licenses, permits, fees, 11 and other incidentals necessary to perform and complete, per schedule, in a 12 professional manner, the requirements described herein. Participant agrees and 13 represents that purchase of the specified vehicle(s) subject of this Agreement is/are not 14 required by or to be used for compliance with any local, state, or federal rule or 15 regulation, settlement agreement, mitigation agreement, memorandum of 16 understanding (MOU), memorandum of agreement (MOA), or other legal mandate 17 currently in effect. Participant waives all rights to any emission reduction credits that 18 may accrue as a result of purchase of the specified vehicle(s). 19 In the event of any conflict between or among the terms and conditions of 20 this Agreement and the exhibit incorporated herein, such conflict shall be resolved by 21 giving precedence in the following order of priority:
22 1. To the text of thisAgreement
23 2. Exhibit to thisAgreement
24 2. TIMETABLE/PERIOD OF PERFORMANCE
25 Participant shall purchase and place the new alternative fuel vehicle(s) 26 into service, and submit all final claims as outlined in Paragraph 3, no later than one 27 (1) year from the execution date of this Agreement. If the Participant cannot meet 28 the project timetable as set forth herein, the Participant must notify the District in writing G-145428-A1
2 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
85 Section 5, Item F.

DocuSign Envelope ID: 0CB6360D-1B82-43B8-BD2A-97E8BCC3E36F 1 and request to amend the Agreement to provide the Participant additional time to meet 2 all performance requirements under the Agreement. Such request is subject to review 3 and approval by the District. Participant agrees to amend the Agreement as necessary, 4 if requested by the District, to ensure the project is completed within the timetable 5 approved by the District.
6 A. Agreement Period: The Participant shall own and operate the new 7 alternative fuel vehicle(s) purchased under this Agreement according to the terms of 8 this Agreement for no less than three (3) years from the date in which the vehicle(s) 9 is/are first placed into service.
10 3. COMPENSATION
11 The total obligation of the District under this Agreement shall not exceed 12 Twenty Thousand And 00/100 dollars ($20,000.00) for the purchase of the new 13 alternative fuel vehicle(s) identified in Exhibit A. The maximum funding provided per 14 vehicle is limited to the corresponding Eligible Amount identified in Exhibit A. 15 Participant shall obtain through other sources sufficient additional monies 16 to fund the total cost of the vehicle(s) as outlined in Exhibit A. In the event funding from 17 other sources for the total cost of the vehicle(s) is not received by Participant, District 18 reserves the right to terminate or re-negotiate this Agreement. 19 A. Payments: Advance payments shall not be permitted. The District 20 shall issue payment to Participant upon receipt of a properly supported and verified 21 claim for payment as specified in the Public Benefit Grants Program, New Alternative 22 Fuel Vehicle Purchase Component payment procedures document. The payment 23 procedures document shall be provided to Participant by the District. Payment is for 24 reimbursement to the Participant for the purchase of new alternative fuel vehicle(s) and 25 funding shall only be allowed toward the purchase of the specific vehicle(s) described 26 in Exhibit A. The District reserves the right to reduce the funding paid to theParticipant 27 if it is determined that the actual invoiced costs paid by the Participant for the purchase 28 of the new vehicle(s) is/are less than the Total Eligible Amount specified in Exhibit A.

G-145428-A1
3 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
86 Section 5, Item F.

DocuSign Envelope ID: 0CB6360D-1B82-43B8-BD2A-97E8BCC3E36F 1 The District also reserves the right to reduce the funding if the Participant receives or 2 will receive co-funding from a third party that, in addition to the District’s funding, 3 exceeds the total invoiced cost(s) of the new alternative fuel vehicle(s) purchased under 4 this Agreement. Participant is required to disclose all such information to the District 5 prior to the execution date of this Agreement. The Participant will not be reimbursed by 6 the District for the purchase of the new alternative fuel vehicle(s) if the Participant has 7 purchased or taken possession of the said new vehicle(s) prior to the execution date of 8 this Agreement.
9 Concurrently with the submission of any claim for payment, Participant 10 shall certify (through copies of invoices issued, checks, receipts, and the like) that 11 complete payment has been made or invoiced. Participant understands that any 12 payment received from the District to fund the vehicle(s) in this Agreement may be 13 subject to taxation and the District will issue a form 1099 to the Participant. Any tax 14 liability on the funds provided by the District shall be the sole responsibility of the 15 Participant.
16 B. Surplus Funds: Any compensation, which is not expended by 17 Participant pursuant to the terms and conditions of this Agreement by the project 18 completion date, shall automatically revert to District. Only expenditures incurred by 19 Participant in the direct performance of this Agreement will be reimbursed by District. 20 4. NON-ALLOCATION OF FUNDS
21 The terms of this Agreement are contingent on the approval and receipt 22 of funds by the appropriating government agency. Should sufficient funds not be 23 allocated, the services provided may be modified or this Agreement terminated at any 24 time by giving Participant thirty (30) days’ prior written notice. 25 5. ANNUAL REPORTING
26 Participant shall submit annual reports on the vehicle(s) that include the 27 following information:
28 1. Participant contactinformation;
G-145428-A1
4 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
87 Section 5, Item F.

DocuSign Envelope ID: 0CB6360D-1B82-43B8-BD2A-97E8BCC3E36F 1 2. Proof of current California registration for the new alternative 2 fuel vehicle(s);
3 3. Proof of insurance as required by paragraph11.
4 4. Annual miles or hours traveled (including mileage/activity or 5 hour/activity logs for documentation);
6 5. Summary of maintenanceperformed;
7 6. Any other pertinent information requested by the District on a 8 form to be provided to the Participant by the District. 9 Annual reporting will be required for three (3) subsequent years following 10 the purchase of the new alternative fuel vehicle(s). The first year annual report is due 11 on the anniversary date of when the new alternative fuel vehicle(s) was/were first placed 12 into service and for each ensuing year thereafter. Noncompliance with the reporting 13 requirements shall result in on-site monitoring by District personnel and will impact the 14 Participant’s ability to receive funding from the District for future projects. Participants 15 with annual reports more than six (6) months late will not be granted any additional grant 16 funds from the District until all reports are satisfactorily submitted. 17 The District or representative designated by the District reserves the right 18 to monitor the vehicle(s), enforce the terms of this Agreement at any time during the 19 Agreement Period specified in subparagraph 2.A, and pursue repayment of funds for 20 non-compliance within the terms and conditions of this Agreement or applicable state 21 laws or regulations.
22 6. TERMINATION
23 A. Breach of Agreement: District may immediately suspend or 24 terminate this Agreement, in whole or in part, where in the determination of District there 25 is:
26 1. An illegal or improper use of funds;
27 2. A failure to comply with any term of this Agreement; 28 3. A substantially incorrect or incomplete annual report submitted G-145428-A1
5 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
88 Section 5, Item F.

DocuSign Envelope ID: 0CB6360D-1B82-43B8-BD2A-97E8BCC3E36F 1 to the District;
2 In no event shall any payment by District constitute a waiver by Districtof 3 any breach of this Agreement or any default, which may then exist on the part of 4 Participant. Neither shall such payment impair or prejudice any remedy available tothe 5 District with respect to the breach or default. District shall have the right to demand of 6 Participant the repayment to the District of any funds disbursed to Participant under this 7 Agreement which in the judgment of District were not expended in accordance with the 8 terms of this Agreement. Participant shall promptly refund any such funds upon 9 demand.
10 In addition to immediate suspension or termination, District may impose 11 any other remedies available at law, in equity, or otherwise specified in this Agreement. 12 The District may prohibit Participant from participating in all other District and State grant 13 programs in the future.
14 B. Without Cause: Either party may terminate this Agreement atany 15 time upon giving the other party at least thirty (30) days’ advance written notice of 16 intention to terminate. The District shall have the right to demand prompt repayment of 17 a portion or all monies expended under this Agreement as provided in paragraph 3 if 18 the Participant does not meet all obligations under this Agreement upon such 19 termination.
20 7. MODIFICATION
21 Any matters of this Agreement may be modified from time to time by the 22 written consent of all the parties without in any way affecting the remainder. 23 8. INDEPENDENT CONTRACTOR
24 In performance of the work, duties, and obligations assumed by 25 Participant (also referred to in this section as ‘Contractor’) under this Agreement, it is 26 mutually understood and agreed that Contractor, including any and all of Contractor’s 27 officers, agents, and employees, will at all times be acting and performing as an 28 independent contractor and shall act in an independent capacity and not as an officer, G-145428-A1
6 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
89 Section 5, Item F.

DocuSign Envelope ID: 0CB6360D-1B82-43B8-BD2A-97E8BCC3E36F 1 agent, servant, employee, joint venture, partner, or associate of District or ARB. 2 Furthermore, District shall have no right to control or supervise or direct the manner or 3 method by which Contractor shall perform its work and function. However, District shall 4 retain the right to administer this Agreement so as to verify that Contractor is performing 5 its obligations in accordance to the terms and conditions thereof. Contractor and District 6 shall comply with all applicable provisions of law and the rules and regulations, if any, 7 of governmental authorities having jurisdiction over matters the subject thereof. 8 Because of its status as an independent contractor, Contractor shall have 9 absolutely no right to employment rights and benefits available to District employees. 10 Contractor shall be solely liable and responsible for providing to, or on behalf of, itself 11 all legally required employee benefits. In addition, Contractor shall be solely responsible 12 and save District harmless from all matters relating to payment of Contractor’s 13 employees, including compliance with social security, withholding, and all other 14 regulations governing such matters. It is acknowledged that during the term of this 15 Agreement, Contractor may be providing services to others unrelated to District or to 16 this Agreement.
17 9. NON-ASSIGNMENT
18 Participant may not assign, sell, transfer, license, or subcontract any rights 19 or obligations to a third party within or outside of the District’s boundaries without the 20 express prior consent of the District for the duration of the Agreement Period specified 21 in subparagraph 2.A. If the Participant sells or transfers ownership of the vehicle(s) or 22 any portion thereof for any reason, or is required to replace the vehicle(s) with cleaner 23 vehicle(s) prior to the end of the Agreement Period, the Participant must request and 24 receive written consent from the District prior to selling or transferring ownership of the 25 vehicle(s) or any portion thereof.
26 Prior to completing the transaction, the Participant understands that it is 27 responsible to inform the party purchasing the vehicle(s) of the Agreement provisions 28 and disclose the remaining Agreement term. The Participant shall be responsible for G-145428-A1
7 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
90 Section 5, Item F.

DocuSign Envelope ID: 0CB6360D-1B82-43B8-BD2A-97E8BCC3E36F 1 establishing an agreement between the new owner and District in order to facilitate the 2 transfer of the Agreement provisions and terms. The Participant shall provide the 3 prospective new owner with valid contact information for the District so the new owner 4 can assume legal responsibility under the original Agreement or enter into a new 5 Agreement with the District, for the remainder of the Agreement Period. Participant 6 understands that they shall not be relieved of their legal obligation to fulfill the conditions 7 of this Agreement unless the new owner has assumed responsibility through an 8 executed agreement with the District.
9 10. INDEMNIFICATION
10 Participant agrees to indemnify, save, hold harmless, and at District’s 11 request, defend the District, its boards, committees, representatives, officers, agents, 12 and employees from and against any and all costs and expenses (including reasonable 13 attorneys’ fees and litigation costs), damages, liabilities, claims, and losses (whetherin 14 contract, tort, or strict liability, including, but not limited to, personal injury, death, and 15 property damage) which arise or are alleged to arise directly or indirectly from any act 16 or omission of Participant, its officers, agents, sub participants, or employees in their 17 performance of this Agreement, or out of the operations of the Participant. 18 11. INSURANCE AND VEHICLE WARRANTY
19 Participant is responsible for securing warranty and maintaining 20 replacement value insurance on the new alternative fuel vehicle(s) for the duration of 21 the Agreement Period specified in subparagraph 2.A. The new alternative fuel 22 vehicle(s) purchased through this Agreement must not be tampered with or modified in 23 any such manner than would void the warranty of the vehicle(s). Insurance coverage 24 must be sufficient to repay the District’s investment in case major damage to the new 25 alternative fuel vehicle(s) occurs during the Agreement Period. A copy of the current 26 insurance for each vehicle purchased under this Agreement is required to be submitted 27 annually with the Participant’s annual report.
28 In the event that the new alternative fuel vehicle(s) purchased under this G-145428-A1
8 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
91 Section 5, Item F.

DocuSign Envelope ID: 0CB6360D-1B82-43B8-BD2A-97E8BCC3E36F 1 Agreement is/are in an accident, stolen, destroyed, or otherwise rendered temporarily 2 or permanently inoperable, the Participant must immediately inform the District of such 3 damage(s) and repair or replace the vehicles(s) within three (3) months from the date 4 of the occurrence at the Participant’s expense and to the standards which meet all 5 program requirements for the remainder of the Participant’s obligation under this 6 Agreement.
7 If the Participant repairs a vehicle rendered temporarily inoperable, said 8 repairs shall include any and all repairs necessary to restore the vehicle and any 9 optional equipment purchased under this Agreement to a reasonable condition. If the 10 Participant replaces a vehicle rendered permanently inoperable; said replacement shall 11 include an equivalent vehicle(s) that, at a minimum, meets all program eligibility 12 requirements, including emission level, Gross Vehicle Weight Rating (GVWR), etcetera. 13 As the replacement of a vehicle may require an amendment to the existing Agreement, 14 the Participant must receive prior authorization from the District in advance of any 15 purchases, and must provide any and all replacement vehicle information to the District. 16 In the event the Participant does not repair or replace vehicle(s) that 17 become inoperable to fulfill the Agreement Period specified in subparagraph 2.A, the 18 District may undertake actions pursuant to this Agreement, including recouping a 19 portion or all incentive funds provided for the vehicle(s) in question. 20 12. RECORD KEEPING
21 Participant shall maintain records sufficient to provide, on an annual basis, 22 information regarding annual mileage, fuel usage, invoices, general maintenance 23 details, correspondence associated with the application, award, agreement, monitoring, 24 enforcement, and reporting requirements and any other available information that may 25 be deemed pertinent to the evaluation of the program for at least two (2) years after the 26 equipment project term or three (3) years after final payment, whichever is later. 27 Records shall be readily available and accessible to the District, or District designated 28 representative, upon request for the purposes of ongoing evaluations or auditing.

G-145428-A1
9 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
92 Section 5, Item F.

DocuSign Envelope ID: 0CB6360D-1B82-43B8-BD2A-97E8BCC3E36F 1 13. NOTICES
2 The persons and their addresses having authority to give and receive 3 notices under this Agreement are as follows:
4 PARTICIPANT DISTRICT
5 John Jansons
6 City Manager
7 850 S. Madera Ave.

Kerman, CA 93630
8 Samir Sheikh
Executive Director/APCO
1990 East Gettysburg Ave.

G-145428-A1
10 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000 93
Section 5, Item F.

DocuSign Envelope ID: 0CB6360D-1B82-43B8-BD2A-97E8BCC3E36F 1 16. LOBBYING PROHIBITED
2 None of the funds provided under this Agreement shall be used for 3 publicity, lobbying, or propaganda purposes designed to support or defeat legislation 4 before the Congress of the United States of America or the Legislature of the State of 5 California.
6 17. CONFLICT OF INTEREST
7 No officer, employee, or agent of District who exercises any function or 8 responsibility for planning and carrying out the services provided under thisAgreement 9 shall have any direct or indirect personal financial interest in this Agreement. Participant 10 shall comply with all federal and state conflict of interest laws, statutes, and regulations, 11 which shall be applicable to all parties and beneficiaries under this Agreement and any 12 officer, agent, or employee of District.
13 18. GOVERNING LAW
14 This Agreement shall be governed in all respects by the laws of theState 15 of California. Venue for any action arising out of this Agreement shall only be in Fresno 16 County, California.
17 19. COMPLIANCE WITH LAWS
18 The Participant shall comply with all federal and state laws, statutes, 19 regulations, rules, and guidelines which apply to its performance under this Agreement, 20 including California driving eligibility and financial liability laws. 21 20. BINDING ON SUCCESSORS
22 This Agreement, including all covenants and conditions containedherein, 23 shall be binding upon and inure to the benefit of the parties, including their respective 24 successors-in-interest, assigns, and legal representatives. 25 21. TIME IS OF THE ESSENCE
26 It is understood that for Participant's performance under this Agreement, 27 time is of the essence. The parties reasonably anticipate that Participant will, to the 28 reasonable satisfaction of District, complete all activities provided herein within the time G-145428-A1
11 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
94 Section 5, Item F.

DocuSign Envelope ID: 0CB6360D-1B82-43B8-BD2A-97E8BCC3E36F 1 schedule outlined in this Agreement, provided that Participant is not caused 2 unreasonable delay in such performance.
3 22. DATA OWNERSHIP
4 Upon termination or expiration of this Agreement, all data which is 5 received, collected, produced, or developed by Participant under this Agreement shall 6 become the exclusive property of District, provided, however, Participant shall be 7 allowed to retain a copy of any non-confidential data received, collected, produced, or 8 developed by Participant under this Agreement subject to District’s exclusive ownership 9 rights stated herein. Accordingly, Participant shall, if requested, surrender to District all 10 such data which is in its possession (including its sub participants or agents), without 11 any reservation of right or title, not otherwise enumerated herein. 12 District shall have the right at reasonable times during the term of this 13 Agreement to inspect and reproduce any data received, collected, produced, or 14 developed by Participant under this Agreement. No reports, professional papers, 15 information, inventions, improvements, discoveries, or data obtained, prepared, 16 assembled, or developed by Participant, pursuant to this Agreement, shall be released 17 or made available (except to District) without prior, express written approval of District 18 while this Agreement is in force, and except as otherwise required under the California 19 Public Records Act.
20 23. NO THIRD-PARTY BENEFICIARIES
21 Notwithstanding anything else stated to the contrary herein, it is 22 understood that Participant's services and activities under this Agreement are being 23 rendered only for the benefit of District, and no other person, firm, corporation, or entity 24 shall be deemed an intended third-party beneficiary of this Agreement. 25 24. SEVERABILITY
26 In the event that any one or more of the provisions contained in this 27 Agreement shall for any reason be held to be unenforceable in any respect by a court 28 of competent jurisdiction, such holding shall not affect any other provisions of this G-145428-A1
12 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
95 Section 5, Item F.

DocuSign Envelope ID: 0CB6360D-1B82-43B8-BD2A-97E8BCC3E36F 1 Agreement, and the Agreement shall then be construed as if such unenforceable 2 provisions are not a part hereof.
3 25. ENTIRE AGREEMENT
4 This Agreement constitutes the entire agreement between Participant and 5 District with respect to the subject matter hereof and supersedes all previous 6 negotiations, proposals, commitments, writings, advertisements, publications, and 7 understandings of any nature whatsoever unless expressly included in this Agreement. 8 ///
9 ///
10 ///
11 ///
12 ///
13 ///
14 ///
15 ///
16 ///
17 ///
18 ///
19 ///
20 ///
21 ///
22 ///
23 ///
24 ///
25 ///
26 ///
27 ///
28 ///
G-145428-A1
13 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
96 Section 5, Item F.

DocuSign Envelope ID: 0CB6360D-1B82-43B8-BD2A-97E8BCC3E36F 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement 2 to be executed as of the day and year first hereinabove written. 3 4

PARTICIPANT DISTRICT
5 6
City of Kerman
6 7
John Jansons
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 San Joaquin Valley Air Pollution
Control District
Samir Sheikh
Executive Director/APCO
Approved as to legal form:

San Joaquin Valley Unified Air Pollution
Control District
Annette A. Ballatore
District Counsel
Approved as to accounting form:

San Joaquin Valley Unified Air Pollution
Control District
Ryan Buchanan
Director of Administrative Services
For accounting use only:

Program:

Account No.:

G-145428-A1
14 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000 97
Section 5, Item F.

DocuSign Envelope ID: 0CB6360D-1B82-43B8-BD2A-97E8BCC3E36F City of Kerman

SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT
Public Benefit Grants Program
New Alternative Fuel Vehicle Purchase Component
Application Number: G-145428
Vehicle Make: Ford
Vehicle Model: InterceptorUtility HEV
Vehicle Model Year: 2023
Vehicle Type: Hybrid
Maximum Eligible Amount: $20,000.00
Exhibit A 98
Section 5, Item F.

DocuSign Envelope ID: E274280D-632B-47D4-AB8A-2282E05C4AD9 ‘Exhibit E’
1 Agreement No. G-145429-A1
2 SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 3 PUBLIC BENEFIT GRANTS PROGRAM
4 FUNDING AGREEMENT
5 (New Alternative Fuel Vehicle Purchase)
6 This Agreement is made and entered into this day of
7 _, , by and between the SAN JOAQUIN VALLEY UNIFIED AIR 8 POLLUTION CONTROL DISTRICT, a unified air pollution control district formed 9 pursuant to California Health and Safety Code section 40150 et seq. (District), and City 10 of Kerman (Participant).
11 WITNESSETH:
12 WHEREAS, the California Clean Air Act (CCAA) requires local air 13 pollution control districts to reduce emissions from motor vehicles; 14 WHEREAS, AB 2766, AB 923, SB 709, and AB 2522 authorize districts 15 to impose fees upon certain registered motor vehicles within the district, and the 16 governing board of the District has imposed said fees; 17 WHEREAS, said legislation requires District to use said funds for activities 18 related to reduce air pollution from motor vehicles and for related planning, monitoring, 19 enforcement, and technical studies necessary for the implementation of the California 20 Clean Air Act of 1988; and
21 WHEREAS, the District has developed other funding mechanisms in 22 order to provide grant monies for its incentive programs; and 23 WHEREAS, on August 11, 2011, the District began accepting applications 24 to approve for funding those projects deemed to be most suitable for vehicle license 25 fees and other funding; and
26 WHEREAS, Participant has proposed a project that meets the eligibility 27 criteria of the Public Benefit Grants Program, New Alternative Fuel Vehicle Purchase 28 Component and has been approved by the District for funding; and G-145429-A1
1 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
99 Section 5, Item F.

DocuSign Envelope ID: E274280D-632B-47D4-AB8A-2282E05C4AD9 1 WHEREAS, Participant represents that it is willing and able to perform the 2 activities set forth herein.
3 NOW, THEREFORE, based on their mutual promises, covenants, and 4 conditions, the parties hereby agree as follows:
5 1. PROJECT
6 The Participant agrees to purchase and place into service the type and 7 number of new alternative fuel vehicle(s) as set forth in the application attached hereto 8 and incorporated herein as Exhibit A. Participant agrees, that at the date of execution 9 of this Agreement, Participant has not yet purchased or taken possession of said 10 vehicle(s) and agrees to furnish all labor, materials, equipment, licenses, permits, fees, 11 and other incidentals necessary to perform and complete, per schedule, in a 12 professional manner, the requirements described herein. Participant agrees and 13 represents that purchase of the specified vehicle(s) subject of this Agreement is/are not 14 required by or to be used for compliance with any local, state, or federal rule or 15 regulation, settlement agreement, mitigation agreement, memorandum of 16 understanding (MOU), memorandum of agreement (MOA), or other legal mandate 17 currently in effect. Participant waives all rights to any emission reduction credits that 18 may accrue as a result of purchase of the specified vehicle(s). 19 In the event of any conflict between or among the terms and conditions of 20 this Agreement and the exhibit incorporated herein, such conflict shall be resolved by 21 giving precedence in the following order of priority:
22 1. To the text of thisAgreement
23 2. Exhibit to thisAgreement
24 2. TIMETABLE/PERIOD OF PERFORMANCE
25 Participant shall purchase and place the new alternative fuel vehicle(s) 26 into service, and submit all final claims as outlined in Paragraph 3, no later than one 27 (1) year from the execution date of this Agreement. If the Participant cannot meet 28 the project timetable as set forth herein, the Participant must notify the District in writing G-145429-A1
2 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
100
Section 5, Item F.

DocuSign Envelope ID: E274280D-632B-47D4-AB8A-2282E05C4AD9 1 and request to amend the Agreement to provide the Participant additional time to meet 2 all performance requirements under the Agreement. Such request is subject to review 3 and approval by the District. Participant agrees to amend the Agreement as necessary, 4 if requested by the District, to ensure the project is completed within the timetable 5 approved by the District.
6 A. Agreement Period: The Participant shall own and operate the new 7 alternative fuel vehicle(s) purchased under this Agreement according to the terms of 8 this Agreement for no less than three (3) years from the date in which the vehicle(s) 9 is/are first placed into service.
10 3. COMPENSATION
11 The total obligation of the District under this Agreement shall not exceed 12 Twenty Thousand And 00/100 dollars ($20,000.00) for the purchase of the new 13 alternative fuel vehicle(s) identified in Exhibit A. The maximum funding provided per 14 vehicle is limited to the corresponding Eligible Amount identified in Exhibit A. 15 Participant shall obtain through other sources sufficient additional monies 16 to fund the total cost of the vehicle(s) as outlined in Exhibit A. In the event funding from 17 other sources for the total cost of the vehicle(s) is not received by Participant, District 18 reserves the right to terminate or re-negotiate this Agreement. 19 A. Payments: Advance payments shall not be permitted. The District 20 shall issue payment to Participant upon receipt of a properly supported and verified 21 claim for payment as specified in the Public Benefit Grants Program, New Alternative 22 Fuel Vehicle Purchase Component payment procedures document. The payment 23 procedures document shall be provided to Participant by the District. Payment is for 24 reimbursement to the Participant for the purchase of new alternative fuel vehicle(s) and 25 funding shall only be allowed toward the purchase of the specific vehicle(s) described 26 in Exhibit A. The District reserves the right to reduce the funding paid to the Participant 27 if it is determined that the actual invoiced costs paid by the Participant for the purchase 28 of the new vehicle(s) is/are less than the Total Eligible Amount specified in Exhibit A.

G-145429-A1
3 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
101
Section 5, Item F.

DocuSign Envelope ID: E274280D-632B-47D4-AB8A-2282E05C4AD9 1 The District also reserves the right to reduce the funding if the Participant receives or 2 will receive co-funding from a third party that, in addition to the District’s funding, 3 exceeds the total invoiced cost(s) of the new alternative fuel vehicle(s) purchased under 4 this Agreement. Participant is required to disclose all such information to the District 5 prior to the execution date of this Agreement. The Participant will not be reimbursedby 6 the District for the purchase of the new alternative fuel vehicle(s) if the Participant has 7 purchased or taken possession of the said new vehicle(s) prior to the execution date of 8 this Agreement.
9 Concurrently with the submission of any claim for payment, Participant 10 shall certify (through copies of invoices issued, checks, receipts, and the like) that 11 complete payment has been made or invoiced. Participant understands that any 12 payment received from the District to fund the vehicle(s) in this Agreement may be 13 subject to taxation and the District will issue a form 1099 to the Participant. Any tax 14 liability on the funds provided by the District shall be the sole responsibility of the 15 Participant.
16 B. Surplus Funds: Any compensation, which is not expended by 17 Participant pursuant to the terms and conditions of this Agreement by the project 18 completion date, shall automatically revert to District. Only expenditures incurred by 19 Participant in the direct performance of this Agreement will be reimbursed by District. 20 4. NON-ALLOCATION OF FUNDS
21 The terms of this Agreement are contingent on the approval and receipt 22 of funds by the appropriating government agency. Should sufficient funds not be 23 allocated, the services provided may be modified or this Agreement terminated at any 24 time by giving Participant thirty (30) days’ prior written notice. 25 5. ANNUAL REPORTING
26 Participant shall submit annual reports on the vehicle(s) that include the 27 following information:
28 1. Participant contactinformation;
G-145429-A1
4 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
102
Section 5, Item F.

DocuSign Envelope ID: E274280D-632B-47D4-AB8A-2282E05C4AD9 1 2. Proof of current California registration for the new alternative 2 fuel vehicle(s);
3 3. Proof of insurance as required by paragraph11.
4 4. Annual miles or hours traveled (including mileage/activity or 5 hour/activity logs for documentation);
6 5. Summary of maintenanceperformed;
7 6. Any other pertinent information requested by the District on a 8 form to be provided to the Participant by the District. 9 Annual reporting will be required for three (3) subsequent years following 10 the purchase of the new alternative fuel vehicle(s). The first year annual report is due 11 on the anniversary date of when the new alternative fuel vehicle(s) was/were first placed 12 into service and for each ensuing year thereafter. Noncompliance with the reporting 13 requirements shall result in on-site monitoring by District personnel and will impact the 14 Participant’s ability to receive funding from the District for future projects. Participants 15 with annual reports more than six (6) months late will not be granted any additional grant 16 funds from the District until all reports are satisfactorily submitted. 17 The District or representative designated by the District reserves theright 18 to monitor the vehicle(s), enforce the terms of this Agreement at any time during the 19 Agreement Period specified in subparagraph 2.A, and pursue repayment of funds for 20 non-compliance within the terms and conditions of this Agreement or applicable state 21 laws or regulations.
22 6. TERMINATION
23 A. Breach of Agreement: District may immediately suspend or 24 terminate this Agreement, in whole or in part, where in the determination of District there 25 is:
26 1. An illegal or improper use of funds;
27 2. A failure to comply with any term of this Agreement; 28 3. A substantially incorrect or incomplete annual report submitted G-145429-A1
5 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
103
Section 5, Item F.

DocuSign Envelope ID: E274280D-632B-47D4-AB8A-2282E05C4AD9 1 to the District;
2 In no event shall any payment by District constitute a waiver by Districtof 3 any breach of this Agreement or any default, which may then exist on the part of 4 Participant. Neither shall such payment impair or prejudice any remedy available tothe 5 District with respect to the breach or default. District shall have the right to demand of 6 Participant the repayment to the District of any funds disbursed to Participant under this 7 Agreement which in the judgment of District were not expended in accordance with the 8 terms of this Agreement. Participant shall promptly refund any such funds upon 9 demand.
10 In addition to immediate suspension or termination, District may impose 11 any other remedies available at law, in equity, or otherwise specified in this Agreement. 12 The District may prohibit Participant from participating in all other District and State grant 13 programs in the future.
14 B. Without Cause: Either party may terminate this Agreement atany 15 time upon giving the other party at least thirty (30) days’ advance written notice of 16 intention to terminate. The District shall have the right to demand prompt repayment of 17 a portion or all monies expended under this Agreement as provided in paragraph 3 if 18 the Participant does not meet all obligations under this Agreement upon such 19 termination.
20 7. MODIFICATION
21 Any matters of this Agreement may be modified from time to time by the 22 written consent of all the parties without in any way affecting the remainder. 23 8. INDEPENDENT CONTRACTOR
24 In performance of the work, duties, and obligations assumed by 25 Participant (also referred to in this section as ‘Contractor’) under this Agreement, it is 26 mutually understood and agreed that Contractor, including any and all of Contractor’s 27 officers, agents, and employees, will at all times be acting and performing as an 28 independent contractor and shall act in an independent capacity and not as an officer, G-145429-A1
6 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
104
Section 5, Item F.

DocuSign Envelope ID: E274280D-632B-47D4-AB8A-2282E05C4AD9 1 agent, servant, employee, joint venture, partner, or associate of District or ARB. 2 Furthermore, District shall have no right to control or supervise or direct the manner or 3 method by which Contractor shall perform its work and function. However, District shall 4 retain the right to administer this Agreement so as to verify that Contractor is performing 5 its obligations in accordance to the terms and conditions thereof. Contractor and District 6 shall comply with all applicable provisions of law and the rules and regulations, if any, 7 of governmental authorities having jurisdiction over matters the subject thereof. 8 Because of its status as an independent contractor, Contractor shall have 9 absolutely no right to employment rights and benefits available to District employees. 10 Contractor shall be solely liable and responsible for providing to, or on behalf of, itself 11 all legally required employee benefits. In addition, Contractor shall be solely responsible 12 and save District harmless from all matters relating to payment of Contractor’s 13 employees, including compliance with social security, withholding, and all other 14 regulations governing such matters. It is acknowledged that during the term of this 15 Agreement, Contractor may be providing services to others unrelated to District or to 16 this Agreement.
17 9. NON-ASSIGNMENT
18 Participant may not assign, sell, transfer, license, or subcontract any rights 19 or obligations to a third party within or outside of the District’s boundaries without the 20 express prior consent of the District for the duration of the Agreement Period specified 21 in subparagraph 2.A. If the Participant sells or transfers ownership of the vehicle(s) or 22 any portion thereof for any reason, or is required to replace the vehicle(s) with cleaner 23 vehicle(s) prior to the end of the Agreement Period, the Participant must request and 24 receive written consent from the District prior to selling or transferring ownership of the 25 vehicle(s) or any portion thereof.
26 Prior to completing the transaction, the Participant understands that it is 27 responsible to inform the party purchasing the vehicle(s) of the Agreement provisions 28 and disclose the remaining Agreement term. The Participant shall be responsible for G-145429-A1
7 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
105
Section 5, Item F.

DocuSign Envelope ID: E274280D-632B-47D4-AB8A-2282E05C4AD9 1 establishing an agreement between the new owner and District in order to facilitate the 2 transfer of the Agreement provisions and terms. The Participant shall provide the 3 prospective new owner with valid contact information for the District so the new owner 4 can assume legal responsibility under the original Agreement or enter into a new 5 Agreement with the District, for the remainder of the Agreement Period. Participant 6 understands that they shall not be relieved of their legal obligation to fulfill the conditions 7 of this Agreement unless the new owner has assumed responsibility through an 8 executed agreement with the District.
9 10. INDEMNIFICATION
10 Participant agrees to indemnify, save, hold harmless, and at District’s 11 request, defend the District, its boards, committees, representatives, officers, agents, 12 and employees from and against any and all costs and expenses (including reasonable 13 attorneys’ fees and litigation costs), damages, liabilities, claims, and losses (whetherin 14 contract, tort, or strict liability, including, but not limited to, personal injury, death, and 15 property damage) which arise or are alleged to arise directly or indirectly from any act 16 or omission of Participant, its officers, agents, sub participants, or employees in their 17 performance of this Agreement, or out of the operations of the Participant. 18 11. INSURANCE AND VEHICLE WARRANTY
19 Participant is responsible for securing warranty and maintaining 20 replacement value insurance on the new alternative fuel vehicle(s) for the duration of 21 the Agreement Period specified in subparagraph 2.A. The new alternative fuel 22 vehicle(s) purchased through this Agreement must not be tampered with or modified in 23 any such manner than would void the warranty of the vehicle(s). Insurance coverage 24 must be sufficient to repay the District’s investment in case major damage to the new 25 alternative fuel vehicle(s) occurs during the Agreement Period. A copy of the current 26 insurance for each vehicle purchased under this Agreement is required to be submitted 27 annually with the Participant’s annual report.
28 In the event that the new alternative fuel vehicle(s) purchased under this G-145429-A1
8 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
106
Section 5, Item F.

DocuSign Envelope ID: E274280D-632B-47D4-AB8A-2282E05C4AD9 1 Agreement is/are in an accident, stolen, destroyed, or otherwise rendered temporarily 2 or permanently inoperable, the Participant must immediately inform the District of such 3 damage(s) and repair or replace the vehicles(s) within three (3) months from the date 4 of the occurrence at the Participant’s expense and to the standards which meet all 5 program requirements for the remainder of the Participant’s obligation under this 6 Agreement.
7 If the Participant repairs a vehicle rendered temporarily inoperable, said 8 repairs shall include any and all repairs necessary to restore the vehicle and any 9 optional equipment purchased under this Agreement to a reasonable condition. If the 10 Participant replaces a vehicle rendered permanently inoperable; said replacement shall 11 include an equivalent vehicle(s) that, at a minimum, meets all program eligibility 12 requirements, including emission level, Gross Vehicle Weight Rating (GVWR), etcetera. 13 As the replacement of a vehicle may require an amendment to the existing Agreement, 14 the Participant must receive prior authorization from the District in advance of any 15 purchases, and must provide any and all replacement vehicle information to the District. 16 In the event the Participant does not repair or replace vehicle(s) that 17 become inoperable to fulfill the Agreement Period specified in subparagraph 2.A, the 18 District may undertake actions pursuant to this Agreement, including recouping a 19 portion or all incentive funds provided for the vehicle(s) in question. 20 12. RECORD KEEPING
21 Participant shall maintain records sufficient to provide, on an annual basis, 22 information regarding annual mileage, fuel usage, invoices, general maintenance 23 details, correspondence associated with the application, award, agreement, monitoring, 24 enforcement, and reporting requirements and any other available information that may 25 be deemed pertinent to the evaluation of the program for at least two (2) years after the 26 equipment project term or three (3) years after final payment, whichever is later. 27 Records shall be readily available and accessible to the District, or District designated 28 representative, upon request for the purposes of ongoing evaluations or auditing.

G-145429-A1
9 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
107
Section 5, Item F.

DocuSign Envelope ID: E274280D-632B-47D4-AB8A-2282E05C4AD9 1 13. NOTICES
2 The persons and their addresses having authority to give and receive 3 notices under this Agreement are as follows:
4 PARTICIPANT DISTRICT
5 John Jansons
6 City Manager
7 850 S. Madera Ave.

Kerman, CA 93630
8 Samir Sheikh
Executive Director/APCO
1990 East Gettysburg Ave.

G-145429-A1
10 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000 108
Section 5, Item F.

DocuSign Envelope ID: E274280D-632B-47D4-AB8A-2282E05C4AD9 1 16. LOBBYING PROHIBITED
2 None of the funds provided under this Agreement shall be used for 3 publicity, lobbying, or propaganda purposes designed to support or defeat legislation 4 before the Congress of the United States of America or the Legislature of the State of 5 California.
6 17. CONFLICT OF INTEREST
7 No officer, employee, or agent of District who exercises any function or 8 responsibility for planning and carrying out the services provided under thisAgreement 9 shall have any direct or indirect personal financial interest in this Agreement. Participant 10 shall comply with all federal and state conflict of interest laws, statutes, and regulations, 11 which shall be applicable to all parties and beneficiaries under this Agreement and any 12 officer, agent, or employee of District.
13 18. GOVERNING LAW
14 This Agreement shall be governed in all respects by the laws of theState 15 of California. Venue for any action arising out of this Agreement shall only be in Fresno 16 County, California.
17 19. COMPLIANCE WITH LAWS
18 The Participant shall comply with all federal and state laws, statutes, 19 regulations, rules, and guidelines which apply to its performance under this Agreement, 20 including California driving eligibility and financial liability laws. 21 20. BINDING ON SUCCESSORS
22 This Agreement, including all covenants and conditions containedherein, 23 shall be binding upon and inure to the benefit of the parties, including their respective 24 successors-in-interest, assigns, and legal representatives. 25 21. TIME IS OF THE ESSENCE
26 It is understood that for Participant's performance under this Agreement, 27 time is of the essence. The parties reasonably anticipate that Participant will, to the 28 reasonable satisfaction of District, complete all activities provided herein within the time G-145429-A1
11 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
109
Section 5, Item F.

DocuSign Envelope ID: E274280D-632B-47D4-AB8A-2282E05C4AD9 1 schedule outlined in this Agreement, provided that Participant is not caused 2 unreasonable delay in such performance.
3 22. DATA OWNERSHIP
4 Upon termination or expiration of this Agreement, all data which is 5 received, collected, produced, or developed by Participant under this Agreement shall 6 become the exclusive property of District, provided, however, Participant shall be 7 allowed to retain a copy of any non-confidential data received, collected, produced, or 8 developed by Participant under this Agreement subject to District’s exclusive ownership 9 rights stated herein. Accordingly, Participant shall, if requested, surrender to District all 10 such data which is in its possession (including its sub participants or agents), without 11 any reservation of right or title, not otherwise enumerated herein. 12 District shall have the right at reasonable times during the term of this 13 Agreement to inspect and reproduce any data received, collected, produced, or 14 developed by Participant under this Agreement. No reports, professional papers, 15 information, inventions, improvements, discoveries, or data obtained, prepared, 16 assembled, or developed by Participant, pursuant to this Agreement, shall be released 17 or made available (except to District) without prior, express written approval of District 18 while this Agreement is in force, and except as otherwise required under the California 19 Public Records Act.
20 23. NO THIRD-PARTY BENEFICIARIES
21 Notwithstanding anything else stated to the contrary herein, it is 22 understood that Participant's services and activities under this Agreement are being 23 rendered only for the benefit of District, and no other person, firm, corporation, or entity 24 shall be deemed an intended third-party beneficiary of this Agreement. 25 24. SEVERABILITY
26 In the event that any one or more of the provisions contained in this 27 Agreement shall for any reason be held to be unenforceable in any respect by a court 28 of competent jurisdiction, such holding shall not affect any other provisions of this G-145429-A1
12 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
110
Section 5, Item F.

DocuSign Envelope ID: E274280D-632B-47D4-AB8A-2282E05C4AD9 1 Agreement, and the Agreement shall then be construed as if such unenforceable 2 provisions are not a part hereof.
3 25. ENTIRE AGREEMENT
4 This Agreement constitutes the entire agreement between Participant and 5 District with respect to the subject matter hereof and supersedes all previous 6 negotiations, proposals, commitments, writings, advertisements, publications, and 7 understandings of any nature whatsoever unless expressly included in this Agreement. 8 ///
9 ///
10 ///
11 ///
12 ///
13 ///
14 ///
15 ///
16 ///
17 ///
18 ///
19 ///
20 ///
21 ///
22 ///
23 ///
24 ///
25 ///
26 ///
27 ///
28 ///
G-145429-A1
13 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
111
Section 5, Item F.

DocuSign Envelope ID: E274280D-632B-47D4-AB8A-2282E05C4AD9 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement 2 to be executed as of the day and year first hereinabove written. 3 4

San Joaquin Valley Unified Air Pollution
Control District
Annette A. Ballatore
District Counsel
Approved as to accounting form:

San Joaquin Valley Unified Air Pollution
Control District
Ryan Buchanan
Director of Administrative Services
For accounting use only:

Program:

Account No.:

G-145429-A1
14 SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
112
Section 5, Item F.

DocuSign Envelope ID: E274280D-632B-47D4-AB8A-2282E05C4AD9 City of Kerman

SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT
Public Benefit Grants Program
New Alternative Fuel Vehicle Purchase Component
Application Number: G-145429
Vehicle Make: Ford
Vehicle Model: InterceptorUtility HEV
Vehicle Model Year: 2023
Vehicle Type: Hybrid
Maximum Eligible Amount: $20,000.00
Exhibit A 113
Section 5, Item F.

STAFF REPORT
MEETING DATE: February 22, 2023
PRESENTER: John Jansons, City Manager
SUBJECT: Rescinding Resolution 20-15 Proclaiming a Local Emergency within the City due to COVID-19 (JAJ)
RECOMMENDATION: Council by motion adopt a resolution rescinding Resolution No. 20-15 terminating the proclamation of a local emergency within the City due to COVID-19.

EXECUTIVE SUMMARY: On March 17, 2020, the City Council (Council) adopted Resolution 20- 15, declaring the existence of a local emergency due to COVID-19. As COVID-19 and its impact on the local medical system have subsided, it is no longer an immediate emergency. Therefore, the emergency proclamation and related executive orders may be terminated.

It is recommended that the Council deems that the Local Emergency within the City due to COVID-19 no longer exists and adopts a resolution rescinding Resolution 20-15 and thereby terminating the proclamation of a local emergency related to COVID-19 and certain related executive orders issued by the Director of Emergency Services and ratified by the Council.

DISCUSSION: The Novel Coronavirus (COVID-19) was first detected in Wuhan City, Province, China, in December 2019. On March 15, 2020, the State of California and the President of the United States proclaimed County, State, and National emergencies due to COVID-19.

By March 15, Fresno County proclaimed a local health emergency. On March 17, 2020, the Council adopted Resolution 20-15 declaring the existence of a local emergency due to COVID19. Resolution 20-15 specified that the termination of the proclamation could be made upon a determination that the local emergency no longer exists.

On February 28, 2023, the proclaimed State of Emergency pertaining to COVID-19 will end for the State of California. Therefore, the emergency proclamation and related executive orders may be terminated.

FISCAL IMPACT: None.

ATTACHMENTS:

A. Resolution
114
Section 5, Item G.

Attachment ‘A’
RESOLUTION NO. 23- __
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN RESCINDING RESOLUTION NO. 20-15 AND THEREBY TERMINATING THE PROCLAMATION OF A LOCAL EMERGENCY RELATED TO COVID19 AND CERTAIN RELATED EMERGENCY POLICIES ISSUED BY THE DIRECTOR OF EMERGENCY

SERVICES AND RATIFIED BY THE CITY COUNCIL
WHEREAS, in December 2019, an outbreak of respiratory illness due to a novel coronavirus (a disease now known as COVID-19) was first identified in Wuhan City, Hubie Province, China; and WHEREAS, COVID-19 spread outside of China, impacting the world, including the United States; and
WHEREAS, the CDC activated its Emergency Response System to provide ongoing support for the response to COVID-19 across the country; and
WHEREAS, the California Department of Public Health activated its Medical and Health Coordination Center, and the Office of Emergency Services activated the State Operations Center to provide support and guide actions to preserve public health; and WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of Emergency for the State of California as a result of the threat of COVID-19; and WHEREAS, on March 12, 2020 the Governor of the State of California enacted Executive Order N-25-20 detailing specific crisis related actions and orders and proclaiming a State of Emergency in California as a result of the threat of COVID-19; and
WHEREAS, on March 13, 2020 the President of the United States issued a Proclamation declaring a National Emergency, do hereby find and proclaim that the COVID-19 outbreak in the United States constitutes a national emergency, beginning March 1, 2020.

WHEREAS, on March 15, 2020 the County of Fresno proclaimed a local emergency which was ratified on March 16, 2020.

WHEREAS, on March 17, 2020, the City Council of the City of Kerman proclaimed the existence of a local state of emergency relating to COVID-19 throughout the City of Kerman setting in place the City Manager as the Director of Emergency Services for the City of Kerman to help establish local orders and to further address the health and safety of the Kerman community and its residents; and WHEREAS, on October 17, 2022, Governor Newsom announced that the COVID-19 State of Emergency will end for the state of California effective February 28, 2023; and WHEREAS, since the City Council’s proclamation of a local emergency, various emergency policies have been issued by the Director of Emergency Services and ratified by the City Council; and 115
Section 5, Item G.

WHEREAS, the City of Kerman and surrounding communities were supported throughout the local emergency by Fresno County Department of Public Health through education, testing, and treatment resources related to COVID-19; and
WHEREAS, the case incidence of COVID-19 cases in the City has significantly subsided; and WHEREAS, pursuant to Government Code Section 8630, the City Council, after reviewing the need for continuing the local emergency, has determined that conditions no longer exist to warrant continuing the local emergency beyond the timeframe identified by the State of California.

NOW, THEREFORE, the City Council of the City of Kerman resolves and orders as follows:

1. The foregoing recitals are true and correct and incorporated by reference.

2. The City of Kerman will continue to work collaboratively with the Fresno County Department of Public Health to support continued efforts to minimize and mitigate the spread of COVID-19 in our community.

3. The City Council hereby rescinds Resolution No. 20-15 and thereby terminates the proclamation of a local emergency related to COVID-19 and certain related emergency directives and policies as listed below issued by the Director of Emergency Services and ratified by the City Council.
a. COVID-19: Prevention Programs, Protection Policies, and Response Directives as detailed in City Council Resolutions: 20-22, 20-25, 20-30, 20-36, 20-47, 20-48, 20-60, 20-64, 20-86, 20-93, and 20-98

4. This Resolution shall take effect February 28, 2023.

The foregoing resolution was adopted by the City Council of the City of Kerman at a regular meeting held on the 22nd day of February 2023 by the following vote.

AYES:

NOES:

ABSENT:

ABSTAIN:

The foregoing resolution is hereby approved.
_______________________
Maria Pacheco
Mayor
ATTEST:
_________________________
Marci Reyes
City Clerk
116
Section 5, Item G.

STAFF REPORT
MEETING DATE: February 22, 2022
PRESENTER: John Janson, City Manager
SUBJECT: Amendment and Extension of Professional Services Agreement with Hamner, Jewell & Associates, DBE of Beacon Integrated Professional Resources, Inc., a California S Corporation, for Real Property Acquisition Services (JAJ) RECOMMENDATION: Council by motion adopt resolution approving Amendment Number 1 to Professional Services Agreement with Hamner, Jewell & Associates, DBE of Beacon Integrated Professional Resources, Inc., A California S Corporation, for real property acquisition services.

EXECUTIVE SUMMARY: The City of Kerman periodically requires real property and right of way acquisition services. When this cannot be achieved by City staff, then professional services are required to complete City projects. This is common practice with most cities. A contract with Hamner, Jewell & Associates, DBE of Beacon Integrated Professional Resources, Inc., A California S Corporation, (Consultant) will provide the flexibility to pursue property acquisition and ensure confidentially and professional management.

In February of 2022, the City entered into a one-year Professional Services Agreement (PSA) via Resolution 22-09 with Consultant. The City continues to require the services of the Consultant and recommends approval of a resolution to extend the term of the agreement for an additional two years.

Second, the Consultant firm name has been updated and heretofore will be called, “Beacon Integrated Professional Resources, Inc., DBA Hamner, Jewell & Associates, A California S Corporation.

Third, the Amendment includes an updated 2022/2023 Fee Schedule to supersede Exhibit ‘B’ of the February 8, 2022 PSA.

The cost of the Amendment No. 1 shall not exceed $25,000.

All other terms and conditions will remain unchanged and in full force and effect.

FISCAL IMPACT: There are adequate funds remaining for services required in FY 22/23 as costs are billed to budgeted projects. Funding for FY 23/24 will be requested through the annual budget process for work beyond June 30, 2023.

ATTACHMENTS:

A. Resolution w/Amendment No. 1 and exhibits thereto
117
Section 5, Item H.

Attachment ‘A’
RESOLUTION NO. 23-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN APPROVING AMENDMENT NUMBER 1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY AND HAMNER, JEWELL & ASSOCIATES, DBE OF BEACON INTEGRATED PROFESSIONAL RESOURCES, INC., A

CALIFORNIA S CORPORATION, FOR REAL PROPERTY ACQUISITION SERVICES WHEREAS, the City of Kerman (City) requires professional real estate services for City projects; and
WHEREAS, the City entered into a contact for one year with Hamner, Jewell, & Associates, DBE of Beacon Integrated Professional Resources, Inc., A California S Corporation, (Consultant) via Kerman City Council Resolution 22-09; and
WHEREAS, the City continues to require the services of Consultant and both parties wishes to extend the term of Agreement for an additional two years to June 30, 2025; and WHEREAS, the parties also wish to update Consultant firm name to, “Beacon Integrated Professional Resources, Inc., DBA Hamner, Jewell & Associates, A California S Corporation”, and WHEREAS, an updated Fee Schedule for FY 2022/2023; will be included as part of the extended Agreement; and
WHEREAS, compensation for this agreement shall be provided through the City's existing budget associated with budgeted, current projects on an as-needed basis.

NOW, THEREFORE, the Council of the City of Kerman resolves as follows:

SECTION 1. The above recitals are true and correct and incorporated herein by reference.

SECTION 2. The City Council approves Amendment Number 1 to Professional Services Agreement with Beacon Integrated Professional Resources, Inc., DBA Hamner, Jewell & Associates, A California S Corporation, attached as Exhibit ‘A’ and incorporated herein by reference.

SECTION 3. The City Council authorizes the City Manager to make any non-substantive edits necessary with approval of City Attorney and to execute the Amendment.

SECTION 4. This resolution is effective upon its adoption.

The foregoing resolution was adopted by the City Council of the City of Kerman at a regular meeting held on the 22nd day of February 2023, by the following vote. 118
Section 5, Item H.

AYES:

NOES:

ABSENT:

ABSTAIN:

The foregoing resolution is hereby approved.
_______________________
Maria Pacheco
Mayor
ATTEST:
_________________________
Marci Reyes
City Clerk
119
Section 5, Item H.

EXHIBIT ‘A’
AMENDMENT NUMBER 1 TO PROFESSIONAL SERVICES AGREEMENT
The City of Kerman (“City”) and Beacon Integrated Professional Resources, Inc., DBA Hamner, Jewell & Associates, A California S Corporation (“Consultant”) agree to enter into Amendment No. 1 to Professional Services Agreement (“Agreement”).

RECITALS
A. The City and Consultant entered into a Professional Services Agreement for real property acquisition services on February 9, 2022.

B. Consultant has the competence, experience, and qualifications to provide legislative advocacy services required by City.

C. The parties have determined to extend the Agreement, to amend the compensation rate, and to reflect the updated firm name of Consultant.

AGREEMENT
Section 1. Section 1.2 B. of the Agreement is amended to extend the Term of Agreement to June 30, 2025.

Section 2. The Consultant Firm Name is updated to read as follows: “Beacon Integrated Professional Resources, Inc., DBA Hamner, Jewell & Associates, A California S Corporation.” Section 3. Exhibit ‘B’ of the Agreement shall be replaced with the updated with the FY 2022/2023 Fee Schedule, which is attached hereto and incorporated by reference.

Section 4. Except as amended by this Amendment No. 1, all terms and conditions of the Agreement shall remain in full force and effect.

Section 5. This Amendment No. 1 shall be effective on February 8, 2023. [Signatures on separate page.]
120
Section 5, Item H.

CONSULTANT: CITY:

Beacon Integrated Professional Resources, Inc., John Jansons, City Manager DBA Hamner, Jewell & Associates, City of Kerman
A California S Corporation 850 S. Madera Ave.

Attn: Lillian Jewell Kerman, CA 93630
530 Paulding Circle, Suite A
Arroyo Grande, CA 93420
By: _______________________ By: _______________________ Its: _______________________ Its: _______________________ Date: ____________________ Date: _____________________
121
Section 5, Item H.

FISCAL YEAR 2022-2023 RATE SCHEDULE

HAMNER, JEWELL & ASSOCIATES
( a Division of Beacon Integrated Professional Resources, Inc.) Hamner, Jewell & Associates is committed to providing the most cost effective, quality real estate services available. At all times, by pre-directive, our clients may structure and direct our efforts and general time expenditures so as to maintain control of the course of our scope of work and the cost of our services. We will bill only for time and costs actually expended in accomplishing the project goals in the most efficient and professional manner.

Our Fiscal Year 2022-2023 Rate Schedule, effective July 1, 2022, is as follows:

Managing Senior Associate
Senior Associates II
Senior Associates I
Associates II (Acquisition/Relocation)
Associates I (Acquisition/Relocation)
Contract Administrators
Project Coordinators
Transaction/Escrow Coordinators
Transaction Assistants
Assistants/Clerical Support
$288 an hour
$145-205 an hour
$140-185 an hour
$120-150 an hour
$95-135 an hour
$120-180 an hour
$95-135 an hour
$85-130 an hour
$60-95 an hour
$50-75 an hour
Appraisers Lump Sum Fee per Appraisal Assignment
These rates are inclusive of general office expenses, overhead, and profit. Reimbursable costs that may be passed through to the client as additional expenses include travel expenses (based upon the standard IRS mileage reimbursement rate for automobile travel, or actual expenses for rail or air travel), special handling fees such as certified, express mail, and courier delivery charges, postage, photography, copy and printing, certain project/client-specific telephone expenses, and other charges made by third parties in connection with performing the scope of services. Such third- party expenses may include, but are not limited to, such costs as moving bid fees, title and escrow company charges, notary fees, and appraisal fees. Fees charged by insurance companies for issuing insurance certificates for client per contract requirements will also be billed through to client for reimbursement. Per diem charges may apply in cases where the project area is more than two hours auto commuting time away from a Hamner, Jewell & Associates (“HJA”) office location.

All reimbursable and third-party expenses will be billed to the client at cost plus 10%, with appropriate invoices or other appropriate documentation provided for reference, unless mark-up is contractually restricted. Mileage and travel costs will be passed through without mark-up.

Statements for work shall be rendered monthly. Payments are due within 30 days. Payments not received within said period will accrue interest at a rate of 10% per annum.

If HJA is called upon or compelled to provide support for litigation or other proceedings, or respond to subpoenas in any way whatsoever related to the work HJA has completed on client’s behalf, client shall pay HJA for required time in accordance with the hourly rates and fees specified in this Fee Schedule, except, however, any time for court testimony and depositions shall be paid at a rate of $500/ hour for HJA Senior Associates, $325/hour for HJA Associates, and $200/hour for HJA support staff. HJA shall additionally be reimbursed for all out-of-pocket and overhead expenses in connection with such proceedings. This provision shall survive the term of the contract and shall be binding without restriction or otherwise stated contract budget limitations.

Rates may be adjusted annually with thirty days advance written notice. Publication and distribution of this rate schedule shall be deemed such annual notice with regard to annual rate adjustment contractual provisions.

HAMNER, JEWELL & ASSOCIATES | W W W . H A M N E R - J E W E L L . C O M Exhibit 'B'
122
Section 5, Item H.

Corporate and San Luis Obispo County Office 530 Paulding Circle, Suite A, Arroyo Grande, CA 93420 (805) 773-1459 Ventura County Office 260 Maple Court, Suite 277, Ventura, CA 93003 (805) 658-8844 Central Valley Office 264 W. Fallbrook, Suite 101, Fresno, CA 93711 (559) 412-8710 Hamner, Jewell & Associates Contracting Guidelines
Thank you for contracting with Hamner, Jewell & Associates for your upcoming project. This is to provide you with important information to facilitate and expedite our contracting process.

For contracting purposes please use the following information:

Corporate Name: Beacon Integrated Professional Resources Inc., a California S-corporation DBA Hamner, Jewell & Associates
Corporate signatory is: Lillian D. Jewell
President
Our Company EIN# 77-0551695
Please direct your correspondence regarding contracting and insurance issues as follows:

Contract communications, requests for contract signatures and insurance certificates: [email protected] Invoicing questions should be directed to: [email protected]. Any hard copy noticing, or mailings to our corporate office should be directed to:

Hamner, Jewell & Associates.
530 Paulding Circle, Suite A
Arroyo Grande, CA 93420
Note that our corporate office handles all contracts, invoicing, AP payables, insurance certs, business licenses, and other general business administration matters. Please direct requests as indicated above for fastest responses.

Sub-Contractors and Vendors:

Please submit your invoices for payment to [email protected] Please submit your insurance certs and W-9s to [email protected] Thank you - We look forward to working with you on the upcoming project!

HAMNER, JEWELL & ASSOCIATES
Government Real Estate Services
Right of Way Acquisition ~ Relocation Assistance ~ Real Property Consulting

Offices in Ventura, San Luis Obispo and Fresno Counties

(805) 773-1459
[email protected]
123
Section 5, Item H.

STAFF REPORT
MEETING DATE: February 22, 2023
PRESENTER: Jesus R. Orozco, Community Development
Director
SUBJECT: A Request for Public Convenience or Necessity for a Type 20 (Off-Sale Beer and Wine) ABC License for Vikram Vohra and Vinay Vohra (Fast N Easy) Located at 14195 W Whitesbridge Rd. (JRO) RECOMMENDATION: Council by motion, review and consider adoption of a Resolution Adopting Findings of Public Convenience or Necessity for a Type 20 (Off-Sale Beer & Wine) ABC License for Vikram Vohra and Vinay Vohra (Fast N Easy) Located at 14195 W Whitesbridge Rd. (which is pending consideration of a Conditional Use Permit).

EXECUTIVE SUMMARY:

On January 23, 2023, staff received a complete application for a Public Convenience or Necessity (PCN) request regarding an application for a Type 20 (Off-Sale Beer & Wine) alcohol license (ABC license), from Vikram Vohra and Vinay Vohra (Fast N Easy) located at 14195 W Whitesbridge Rd. The subject site is in undue concentrated Census Tract 40.06. As a result of the undue concentration of ABC licenses in this census tract, under section 23958.4 of the Business and Professions Code, the Council must determine within 90 days of notification of a completed application that a PCN would be served by the issuance of the ABC license.

DISCUSSION:

Project Proposal
Applicants Vikram Vohra and Vinay Vohra wish to include the sale of beer and wine as a component of a convenience store to be developed in association with a fueling station and a drive-through restaurant. Before an ABC license is issued by the State Department of Alcohol Beverage Control, the Council must first determine by making findings that ABC sales would serve a public convenience or necessity (PCN). The applicants are proposing ABC sales between 6 AM and 1 AM. Project development, including ABC sales will be subject to the Site Plan Review (SPR) and Conditional Use Permit (CUP) process. Key operational and development requirements will be determined by the respective review body (e.g. Community Development Director and Planning Commission).

Council Policy
Historically, the Council considered PCN requests for convenience stores on a case-by-case basis. The case-by-case basis approach was determined to be non-objective by Council. In order to address concerns regarding an objective review of PCN and ABC sales, the Councilrecently adopted Ordinance No. 23-02, requiring all new alcohol sales to procure a CUP. Additionally, specific distance restrictions were imposed as part of the CUP review and consideration process. The proposed resolution approving the PCN with findings expressly noting there is a pending application for an Alcohol 124
Section 7, Item A.

Conditional Use Permit and that approval of the Council resolution does not pre-commit the City to an approval of said CUP. The project applicants are currently awaiting a public hearing date for CUP 2023-03 and SPR 2022-02, for consideration of the convenience store and associated alcohol sales and site development.

Census Tract 40.06
As already mentioned in this report, there is an undue concentration of ABC sales within Census Tract

40.06. Census Tract 40.06 encompasses properties north of Kearney Blvd., well beyond city limits and properties east of Madera Ave, well beyond city limits as shown in Attachment ‘B’. At this time there are eight (8) Off-sale ABC licenses where only two (2) Off-sale ABC licenses are allowed in the census tract. Approval of this PCN would result in nine (9) Off-sale ABC licenses. The next closest ABC sales site is located within the Wal-Mart shopping center, which currently holds a Type 21 (Off-sale General). Of note, one of the eight (8) Off-sale ABC license’s is located outside the City’s sphere of influence.

The table shows all active ABC licenses in Census Tract 40.06.

Census Tract 40.06
Sale
Type
Lic.

Type
Orig. Iss.

Date
Expir.

Date Primary Owner Premises Addr. Business Name
Onsale 415/31/20
06 4/30/20
23 GONG, HUI ZHI 160 S MADERA AVE

HONG KONG

RESTAURANT
Offsale 215/24/20
10 6/30/20
23 THRIFTY PAYLESS, INC. 456 S MADERA AVE RITE AID 5853 Offsale 2110/1/20
09 9/30/20
23 MAHLI & SAMRA
INCORPORATED 432 S MADERA AVE FASTRIP 918
Offsale 2112/4/20
13 6/30/20
23 WALMART INC.
14061 W
WHITESBRIDGE RD WALMART 5701
Offsale 202/12/20
16 6/30/20
23 CHAHAL
MANAGEMENT INC 240 S MADERA AVE

KERMAN U SAVE

MINI MART
Offsale 2010/15/2
019
9/30/20
23 R&S DIVERSIFIED, INC.
14980 W

WHITESBRIDGE AVE KERMAN CARNITAS
Offsale 2011/13/2
020
10/31/2
023

RASHED, YAHYA

ABDULKARIM
1048 N MADERA
AVE HWY 145 MARKET
Offsale 204/22/20
21 6/30/20
23 GROCERY OUTLET INC
14868 W

WHITESBRIDGE RD GROCERY OUTLET
Offsale 2111/29/2
022
10/31/2
023 DB KERMAN INC
14859 W

WHITESBRIDGE AVE
KERMAN

FOODMART
Onsale47
&77
1/26/20
23 12/31/2
023
ALONSO
CORPORATION 170 N MADERA AVE CEVICHES & BEER
Findings
In considering a Type 20 (Off-sale Beer and Wine) ABC license, the Council must determine that the request is warranted by a PCN, and Council must make a determination on whether or not a PCN would be served by the issuance of an off-sale ABC license prior to the issuance of a license by the State’s Department of Alcohol Beverage Control.

To that end, applicants Vikram Vohra and Vinay Vohra (Fast N Easy) have submitted an application for a CUP and SPR in order to ensure compliance with the recently adopted ordinance related ABC sales. Moreover, ABC sales are generally incidental to convenience stores with fueling stations which 125
Section 7, Item A.
is a permitted use in commercial zone districts. At this time, staff has not been in receipt of any comments in favor or against the ABC license application due to the mandatory notice of application posted on the site.

Additional, the General Plan includes numerous goals and policies intended to help guide economic and community development in the City. The following policies directly or indirectly support the determination of the PCN in favor of the application.
 Policy ED – 1.1 Increase Business. The City shall strive to increase the number of businesses operating in Kerman to satisfy the routine needs and dining, services, and retail desires of residents while also increasing sales, property, business, and potential transient-occupancy taxes.
 Policy ED – 3.2 Expanding Operations and Employment. The City shall assist existing industries in expanding their operations and increasing employment in Kerman to reduce commutes.
 Policy ED – 3.4 Attracting Industries for Local Jobs. The City shall seek industries that complement the existing workforce in terms of educational and vocational skills set and commute patterns, and will provide full-time, stable employment with competitive wages and benefits.

CEQA:

The proposed project is a commercial project pursuant to and in conformity with the Kerman 2040 General Plan. According to CEQA Guidelines Section 15183, a project that is consistent with a general plan required no further environmental review since it is consistent with the development density established by the 2040 General Plan for which an EIR was certified. There are no project-specific significant effects on the project or the site which would require additional environmental review.

Accordingly, staff recommends that the Council find the project exempt from further review under CEQA.

FISCAL IMPACT:

None
ATTACHMENTS:

A. Resolution
B. Census Tract 40.06 Map
126
Section 7, Item A.

Attachment ‘A’
RESOLUTION NO. 23-___

A RESOLUTION OF THE CITY OF KERMAN CITY COUNCIL ADOPTING FINDINGS OF PUBLIC CONVENIENCE OR NECESSITY FOR A TYPE 20 OFF-SALE BEER AND WINE ABC LICENSE FOR VIKRAM VOHRA AND VINAY VOHRA (FAST N EASY) LOCATED AT 14195

W WHITESBRIDGE ROAD WHICH IS PENDING CONSIDERATION OF A CONDITIONAL

USE PERMIT
WHEREAS, on January 23, 2023, the Community Development Department received a complete application for a Public Convenience or Necessity (PCN) request regarding an application for a Type 20 (Off-Sale Beer & Wine) alcohol license (ABC license), from Vikram Vohra and Vinay Vohra (Fast N Easy) located at 14195 W Whitesbridge Rd.; and
WHEREAS, the California Department of Alcoholic Beverage Control has determined that there is an undue concentration of off-sale ABC licenses in Census Tract 40.06 in which Fast N Easy wish to establish ABC sales; and
WHEREAS, as a result of that determination, California Business and Professions Code Section 23958.4 requires that “the local governing body of the area in which the applicant premises are located, or its designated subordinate officer or body, determines within 90 days of notification of a completed application that public convenience or necessity would be served by the issuance”; and WHEREAS, the City Council is the City’s governing body and has the ability to make a determination of public convenience or necessity; and
WHEREAS, the City Council has adopted an ordinance requiring all new ABC licenses to procure a Conditional Use Permit; and
WHEREAS, Fast N Easy has filed an application for an Alcohol Conditional Use Permit which review and consideration is pending; and
WHEREAS, on February 22, 2023 the City Council makes findings of public convenience or necessity for a Type 20 Off-Sale Beer & Wine alcohol license; and WHEREAS, approval of this Resolution does not pre-commit the City to approve a CUP for Fast N Easy.

NOW, THEREFORE, the City Council of the City of Kerman resolves as follows:

1. The foregoing recitals are true and correct and incorporated herein by reference.

2. The City Council hereby determines that public convenience or necessity would be served by the issuance of a Type 20 ABC license to Fast N Easy located at 14195 W Whitesbridge Rd. in the City of Kerman. The Council’s determination is based on the following findings:
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a. The sale of beer and wine would serve the public convenience upon successfully procuring a Conditional Use Permit as required by Ordinance 23-

02. b. Alcohol sales are an incidental activity within convenience stores with fueling stations which is a permitted use in commercial zone districts. c. The proposed use would stimulate economic activity by generating sales tax revenues, full- and part-time jobs while guiding community and economic goals and policies of the General Plan.
d. Staff has not been in receipt of any comments in favor or against the ABC license application being issued as a result of the mandatory notice of application posted on the site.

3. The City Council authorizes the City Manager or his designee to submit a letter to ABC advising it of the Council’s adoption of this Resolution to allow for the issuance of a Type 20 ABC license.

4. Approval of this Resolution does not pre-commit the City to issue a CUP to Fast N Easy.

5. This resolution is effective upon adoption.

The foregoing resolution was approved by the City Council of the City of Kerman at a regular meeting held on the 22nd of February 2023, and passed at said meeting by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSAL:

The foregoing resolution is hereby approved
_________________________
Maria Pacheco
Mayor
ATTEST:
_________________________
Marci Reyes
City Clerk
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Attachment ‘B’
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STAFF REPORT
MEETING DATE: February 22, 2023
PRESENTER: John Jansons, City Manager
SUBJECT: Continued Discussion of Request by Mayor Pacheco for City Council Consideration to Host Fresno City College Associated Student Government and Mock Student Trial with Kerman High School in 2023 (JAJ).

EXECUTIVE SUMMARY:

At the January 25, City Council meeting, Mayor Pacheco proposed Kerman hosting a future meeting of the Fresno City College Associated Student Government (FCCASG) in Kerman in 2023.

At the February 8, 2023 Council meeting, at the request of Mayor Pacheco, staff brought to Council the consideration to host a meeting of the FCCASG in 2023.

At the meeting, Mayor Pacheco indicated Kerman High School (KHS) would also be involved in the event and it would be a mock trial, to include FCCASG.

After much discussion, and questions, surrounding the specifics of the event, Council voted to continue the item to the February 22, meeting. Continuing the discussion would allow Mayor Pacheco sufficient time to acquire additional information from the respected affiliates involved.

FCCASG is interested in conducting Association meetings in various locations within the County and their district boundaries.

DISCUSSION: Kerman remains a desirable location to host regional meetings or meetings targeting west Fresno County residents or businesses. We note that in the past various groups, agencies, elected officials, others have requested the use of the Council Chambers. However, the City has declined requests in the past due to groups needing to be supervised (overtime expense), group is too large or that group would be better accommodated at other City facilities.

When considering serving as the host City for any event, the City must consider several factors. • Proposed Date and Time,
• Availability of facility (ies),
• Conflict with other reservations,
• Costs (staff time, heating and cooling, equipment etc.) to facilitate meetings 130
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• Suitability of available facilities i.e.: size, parking amenities, support services required, • The public benefits for allowing such use, and
• Setting of precedent for allowing other groups to use City Chambers.

Council should consider these factors in determining if the City is able to host a proposed event and if it is in the best interest of the City to do so. Therefore, Staff seeks Council direction on whether Kerman should host a future meeting of the FCCASG and KHS and under what terms and conditions the City will require to host the FCCASG and KHS.

FISCAL IMPACT:

Unknown at this time: depends on timing, size and support provided to the event.

ATTACHMENTS:

A. None
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STAFF REPORT
MEETING DATE: February 22, 2023
PRESENTER: John Jansons, City Manager
SUBJECT: Consideration of City Council Attendance at California League of Cities, City Leaders Summit (JAJ)
RECOMMENDATION: Staff recommends Council approve attendance of the Mayor and Mayor Pro Tem, or alternatively, any one or two Council Members at the California League of Cities, City Leaders Summit in Sacramento on April 12 through April 14, 2023.

EXECUTIVE SUMMARY: The City Leaders Summit is a unique advocacy and education event that allows city officials to influence state policy decisions and gain top-notch leadership skills.

During the event, city leaders will spend a full day meeting with legislators to discuss the most pertinent issues affecting their cities and then attend two days of in-depth educational sessions to explore local solutions to statewide problems.

Staff believes that active engagement by Council members in California League of Cities events, trainings, and networking opportunities benefit the City.

The City Leaders Summit, which was previously called “Legislative Action Days”, is a good opportunity to advocate on the City’s behalf, represent the City’s interests, stay current with legislation affecting cities, and learn best practices.

The dates for the 2023 City Leaders Summit conflict with the regularly scheduled City Council meeting of April 12 and this should be considered with regard to potential lack of quorum or majority, or rescheduling conflicts given everyone’s competing schedules and availability.

FISCAL IMPACT: The approximate cost for attendance is $1,200 to $1,500 per person depending on final travel arrangements to be expensed to the City Council support budget.

ATTACHMENTS:

A. City Leaders Summit Program Brochure
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Kerman City CouncilFebruary 22, 2023

Kerman City Council
February 22, 2023